State v. King

Citations

• 2021 Ohio 1113

Syllabus

The trial court did not erroneously fail to hold an evidentiary hearing before finding appellant competent to stand trial. Under R.C. 2945.37(E), a competency report may be submitted as evidence by stipulation in lieu of requiring in-person testimony. Appellant waived his right to a fuller competency hearing by stipulating to the contents of two competency reports, each of which contained an opinion that appellant was competent, and by stipulating that the examiners would have testified consistent with their reports if they had been called as witnesses at a hearing. Appellant's attorney did not provide ineffective assistance by failing to pursue the competency issue further or by failing to pursue a not guilty by reason of insanity defense after receiving expert reports finding appellant competent to stand trial and legally sane at the time of his offenses. Appellant's firearm-related convictions were not against the manifest weight of the evidence. The record contains evidence from which the jury could have found that appellant fired an operable nine-millimeter handgun at police officers from inside his house before hiding the weapon and later disposing of it. Judgment affirmed.