Brehm v. State

The facts of this case compel me to dissent from the majority opinion. The record, in my view, presents no evidence to justify a reversal of the trial court’s denial of Defendant Brehm’s tardy request for a competency reevaluation.

The record discloses that six months pri- or to trial Dr. Jacobson evaluated Brehm and reported to the court that Brehm possessed a rational and factual understanding of the charges and was competent to assist counsel. Dr. Jacobson observed, however, *255that Brehm showed evidence of a major psychiatric disorder.

Despite Brehm’s “cantankerous” behavior during the trial,…