JESSE LIVINGSTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Livingston appeals the trial court's denial of his motion for postconviction relief based on insanity and competency to stand trial. The appellate court reversed because the expert evaluations and trial court proceedings did not comply with newly adopted Rules of Criminal Procedure that mandated specific factors be considered and discussed in written reports.
The appellate court held that the expert reports and proceedings did not comply with the specific factors and discussion areas required by the new Rules of Criminal Procedure. The court reversed the denial of postconviction relief and remanded for further proceedings in which experts must consider and analyze the statutory factors and discuss the required areas in their written reports.
[1] New Rules of Criminal Procedure governing sanity and competency determinations must be applied to proceedings initiated after their effective date, even if the proceeding…
[2] Expert reports on a defendant's sanity and competency must explicitly consider and analyze all factors enumerated in the applicable Rules of Criminal Procedure.
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Join FLexlaw to unlock all legal intelligence“The experts must consider and analyze those factors and must discuss several areas in their written reports.”
Establishes the mandatory requirement that expert evaluations comply with the specific procedural factors in the rules.
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Join FLexlaw to unlock all legal intelligenceOn July 7, 1980, the trial court appointed two experts to examine Livingston regarding insanity and competency. The experts submitted reports and test…
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DANAHY, Judge.
When this case was before us for the first time, we remanded it to the trial court for an evidentiary hearing on appellant’s insanity allegation. Livingston v. State, 383 So. 2d 947 (Fla. 2d DCA 1980). Experts were appointed and the hearing was held.
Now appellant argues that the evidence presented to the trial court at the hearing fell short of compliance with the new Rules of Criminal Procedure mandated for use in determining the sanity of a defendant at the time of an offense and a defendant’s competence to stand trial.1 We agree with appellant.
On July 7, 1980, the trial court appointed two experts to examine appellant. Their reports were given at a hearing on July 11, 1980. The new Rules of Criminal Procedure applicable to such proceedings were adopted on July 18, 1980, but went into effect on July 1, 1980. In re Rules of Criminal Procedure, 389 So. 2d 610 (Fla.1980).
Nothing in this record indicates that either the trial judge, the attorneys, or the experts knew that the new rules were applicable to the proceedings in the case at bar. Nevertheless, we are compelled to review this case in light of the specific factors enumerated in those rules. The experts must consider and analyze those factors and must discuss several areas in their written reports. Cf. Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1969) (trial judge of adult court must consider specific statutory criteria and make written findings before imposing adult sanctions on a transferred juvenile); and Fry v. State, 359 So. 2d 584 (Fla. 2d DCA 1978) (habitual felony statute mandates that the trial court make various findings before imposing an enhanced sentence). Our review of the written reports and the testimony of the experts reveals that their conclusions were not based on a consideration of each of the factors and their reports did not include a discussion of each of the areas required by Florida Rules of Criminal Procedure 3.211(a)(1) and 3.216(e). Compliance with the rules will facilitate intelligent appellate review.
Therefore, we REVERSE the order denying appellant’s motion for postconviction relief and REMAND the case for further proceedings to determine appellant’s sanity at the time of the offense and his competency to stand trial.
HOBSON, A. C. J., and BOARDMAN, J., concur. . Fla.R.Crim.P. 3.211 and 3.216.
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Askari Abdullah Muhammad v. State, 494 So. 2d 969 (Fla. 1986)…ed by Florida Rules of Criminal Procedure 3.216(e) and 3.211(a)(1). A cooperative defendant objecting to admission of reports substantially deficient under these rules may well be entitled to have those objections sustained. See Livingston v. State, 415 So. 2d 872 (Fla. 2d DCA 1982) (defendant entitled to new competency hearing when experts’ testimony fails to [*974] show the matters outlined in rules 3.211 and 3.216 were considered). Muhammad neither cooperated nor objected. An expert’s report is merely evid…
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Evans v. State, 800 So. 2d 182 (Fla. 2001)…ert’s evaluation to constitute evidence adequate to support a trial court’s competency determination, it must include a discussion of each of the specific factors which Florida Rule of Criminal Procedure 3.211(a) enumerates. See Livingston v. State, 415 So. 2d 872 (Fla. 2d DCA 1982). A review of this record indicates that each doctor considered these factors when making each competency determination. Thus, these evaluations were properly relied upon by the trial court and can be used to support its competency…
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Padmore v. State, 743 So. 2d 1203 (Fla. 4th DCA 1999)…ue; (v) manifest appropriate courtroom behavior; (vi) testify relevantly; and (B) any other factors deemed relevant by the experts. We review the trial court’s competency determination in light of these specific factors. See Livingston v. State, 415 So. 2d 872 (Fla. 2d DCA 1982). The evidence presented at the competency hearing, viewed in light of the factors enumerated in Rule 3.211(a)(2), support the trial court’s finding of appellant’s competence. We therefore affirm that ruling. Appellant also argues…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fla. Bar. in re Rules of Crim. Procedure, 389 So. 2d 610 (Fla. 1980)
- Johnson v. State, 371 So. 2d 556 (Fla. 2d DCA 1979)
- FRY v. State, 359 So. 2d 584 (Fla. 2d DCA 1978)
- Livingston v. State, 383 So. 2d 947 (Fla. 2d DCA 1980)