Legal Opinion

Donald v. State

Indiana Court of Appeals

Decided July 22, 2010No. 23A04-0912-CR-685PublishedCited by 9 opinions

1Opinion of the Court

OPINION

CRONE, Judge.

Case Summary and Issue

Daniel A. Donald appeals the trial court's denial of his request for a competency evaluation prior to his probation revocation hearing. Donald contends that he was entitled to a competency evaluation pursuant to Indiana statute and the Due Process Clause of the United States Constitution. We disagree with Donald's statutory argument, but we agree that the Due Process Clause may warrant a competency evaluation prior to a probation revocation hearing. Therefore, we reverse and remand for further proceedings consistent with this opinion.

Facts and…

2Cases cited10 opinions

  1. Woods v. StateIndiana Supreme Court · 2008
  2. State v. QuallsOhio Court of Appeals · 1988
  3. Cooper v. StateIndiana Supreme Court · 2009
  4. Baxter v. StateIndiana Court of Appeals · 2002
  5. Commonwealth v. MegellaSuperior Court of Pennsylvania · 1979

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3Cited by9 opinions

  1. Derek Hutchinson v. State of IndianaIndiana Court of Appeals · 2017
  2. State v. GonzalezCourt of Appeals of Kansas · 2019
  3. Lopez v. EvansAppellate Division of the Supreme Court of the State of New York · 2012
  4. Ashley N. Lawrence v. State of IndianaIndiana Court of Appeals · 2013
  5. Charles Edward Luster v. State of IndianaIndiana Court of Appeals · 2019

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