Koonce v. State
The Fourth DCA denied a certiorari petition challenging the circuit court's appointment of a competency expert who was not on the Agency for Persons with Disabilities' (APD) list of qualified evaluators for intellectual disability cases. The court held that section 916.301(1), Florida Statutes, requires appointment of 'qualified experts who have expertise in evaluating persons who have an intellectual disability,' but appointment from the APD-maintained list is discretionary ('may'), not mandatory.
Key facts
- Koonce petitioned for certiorari challenging the trial court's appointment of a competency expert who was not on the Agency for Persons with Disabilities' list of qualified evaluators for intellectual disability cases.
- The trial court appointed an expert to evaluate Koonce's competency to proceed, and the expert reviewed relevant records and addressed all statutory competency factors.
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Why it matters
This opinion clarifies an issue of first impression regarding competency evaluations for defendants alleged to have an intellectual disability: courts are not required to select evaluators from the APD's approved list… — full analysis with a trial
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