Legal Opinion

Scott Michael Sheheane v. State of Florida

District Court of Appeal of Florida

Decided October 16, 2017No. CASE NO. 1D16-4366PublishedCited by 27 opinions

1Opinion of the CourtKelsey, J.

In his ’ direct appeal after ‘ pléading to three violations of probation, Appellant argues the trial court erred in failing to make an independent detérmination of his competency ■ -after finding reasonable grounds to believe he was not competent. Although the record reflects that Appellant expressly waived a hearing and adjudication ■ on competency, we reverse and remand for further proceedings on competency because the-due process right to the court’s independent determination of competency cannot be waived.

Facts.

The facts are simple and undisputed. During the violation of probation…

2Cases cited17 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. Drope v. MissouriSupreme Court of the United States · 1975
  3. Bernard J. Dougherty v. State of FloridaSupreme Court of Florida · 2014
  4. Peede v. StateSupreme Court of Florida · 2007
  5. Ronald Pak Zern v. State of FloridaDistrict Court of Appeal of Florida · 2016

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3Cited by27 opinions

  1. Dortch v. StateDistrict Court of Appeal of Florida · 2018
  2. Carrion v. StateDistrict Court of Appeal of Florida · 2018
  3. Antoine L. Bynum v. StateDistrict Court of Appeal of Florida · 2018
  4. Keith Matthew McCray v. State of FloridaDistrict Court of Appeal of Florida · 2019
  5. Louis Burney, Jr. v. StateDistrict Court of Appeal of Florida · 2018

22 more not listed; retrieve them via the Exa API.

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