State v. Melendez

Citations

• 2025 Ohio 1972

Syllabus

COMPETENCY TO STAND TRIAL; R.C. 2945.37; R.C. 2945.38(C); INEFFECTIVE ASSISTANCE. The trial court's failure to conduct a competency restoration hearing was harmless error because the record lacks sufficient indicia of the defendant-appellant's incompetency. The trial court did not abuse its discretion by failing to sua sponte order a competency evaluation. The trial court's failure to dismiss the indictment in this case did not constitute plain error. The defendant-appellant's trial counsel was no ineffective for failing to file a motion to dismiss the indictment for violating the one-year period under R.C. 2945.38, challenge his competency, or move for a mistrial or request a curative instruction at his second trial despite his repeated disruptions.