Legal Opinion

Rafael Heribe Avilesrosario v. State

District Court of Appeal of Florida

Decided December 17, 2014No. 4D12-4269PublishedCited by 2 opinions

1Opinion of the CourtWarner, J.

A bedrock principle of due process is that it is constitutionally impermissible to hold criminal proceedings against a mentally incompetent defendant. Where there is a reasonable question as to a defendant’s competency, the trial court must hold a competency'hearing. In the present case, just prior to the commencement of appellant’s trial, his defense counsel requested such a hearing, noting appellant’s prior mental illness, his recent suicide attempt, and her inability to communicate with appellant. Despite this, the court thought that appellant “looks the same as he has always looked to…

2Cases cited10 opinions

  1. Estelle v. WilliamsSupreme Court of the United States · 1976
  2. Torres-Arboledo v. StateSupreme Court of Florida · 1988
  3. Tingle v. StateSupreme Court of Florida · 1988
  4. Nowitzke v. StateSupreme Court of Florida · 1990
  5. Hill v. StateSupreme Court of Florida · 1985

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3Cited by2 opinions

  1. Gerome Berry v. State of FloridaDistrict Court of Appeal of Florida · 2018
  2. Whitfield v. StateDistrict Court of Appeal of Florida · 2015

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