Cox v. Florida, 38 Fla. L. Weekly D916A (Fla. 2d DCA April 24, 2013): a defendant who, after having been ordered to be evaluated for competency to proceed and is never actually evaluated, states a sufficient claim for ineffective assistance of counsel for the attorney never having followed up on obtaining the evaluations. In Cox, the trial corut is ordered to conduct further analysis to determine whether to hold a hearing on counsel’s decision not to have the defendant evaluated for competency. See R. 3.270, R. 3.850.
Competency, Ineffective Assistance of Counsel
Rule 3.210 (b) Motion for Examination.
If, at any material stage of a criminal proceeding, the COURT .. … has reasonable ground to believe that the defendant is not mentally competent to proceed,
the COURT shall immediately enter its order setting a time for a hearing to determine the defendant‘s mental condition, which shall be held no later than 20 days after the date of the filing of the motion, and may order the defendant to be examined by no more than 3 experts, as needed, prior to the date of the hearing.
Rule appears to make this the COURT’s responsibility
Exactly – it is brought to the court’s attention by the attorneys, usually. Judges often have little interaction with the defendant until plea/trial. Excellent comment, thanks!