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Home / Courts / Criminal Practice – PCR – Competency – Constitutional – Due Process – Effective Assistance (access required)

Criminal Practice – PCR – Competency – Constitutional – Due Process – Effective Assistance (access required)

Lee v. State After petitioner pleaded guilty to several charges in June 2005, a December 2005 evaluation showed that he was incompetent to stand trial, and petitioner sought post-conviction review (PCR) of his guilty pleas. A psychiatrist testified that petitioner’s mental status dated back to when he was in school and he had a documented history of mental retardation; this was sufficient to show a reasonable probability that petitioner was incompetent at the time of the plea. However, petitioner also had to demonstrate plea counsel’s performance was deficient. Plea counsel could not be deficient if she had no indication of petitioner’s mental status.

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