State v. Lewis

Citations

• 2017 Ohio 461

Syllabus

R.C. 2945.37 Crim.R. 33 new trial due to error of law competency to stand trial competency hearing not required when, discovery unavoidably prevented. The trial court did not err in denying defendant's motion for a new trial due to a mental health diagnosis filed four years after appellant began treatment with medication for psychosis, and finding that appellant failed to demonstrate entitlement by clear and convincing evidence. Appellant was examined for competency three times during his murder trial, twice within six months of his murder conviction while another action was pending in the same court, and found to be competent in all cases. Defense counsel stipulated to competence during the murder trial, thus a hearing was not required.