Ball v. State
On remand from a prior appeal, the trial court held a nunc pro tunc competency hearing but denied Ball's repeated requests for appointed counsel to represent him at that hearing. The Fifth District, with the State conceding error, held that a nunc pro tunc competency hearing is a crucial stage of the proceedings at which a defendant is entitled to counsel, and reversed and remanded for a new hearing with counsel appointed.
Key facts
- Ball was charged with a crime and, on remand from a prior appeal, the trial court scheduled a nunc pro tunc (retroactive) competency hearing to determine his competency.
- Ball repeatedly requested that the trial court appoint counsel to represent him at the nunc pro tunc competency hearing, but the trial court denied all of his requests.
- +2 more key facts with a free trial
Why it matters
This decision clarifies that the right to counsel attaches to nunc pro tunc (retroactive) competency hearings, treating them as a 'crucial stage' under Dickerson v. State. Practitioners handling competency issues… — full analysis with a trial
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