Dragon v. State, No. 378S53

Docket NºNo. 378S53
Citation270 Ind. 223, 383 N.E.2d 1046
Case DateJanuary 12, 1979
CourtSupreme Court of Indiana

Page 1046

383 N.E.2d 1046
270 Ind. 223
David Earl DRAGON, Appellant,
v.
STATE of Indiana, Appellee.
No. 378S53.
Supreme Court of Indiana.
Jan. 12, 1979.

[270 Ind. 224]

Page 1047

Bobby Jay Small, Indianapolis, Charles A. Thompson, Columbus, Ohio, for appellant.

Theo. L. Sendak, Atty. Gen., Rollin E. Thompson, Asst. Atty. Gen., Indianapolis, for appellee.

GIVAN, Chief Justice.

This is an appeal from an adverse ruling in a post-conviction proceeding. Appellant was convicted in 1973 of rape and kidnapping. He received sentences of 2-21 years and life imprisonment respectively.

Following a plea of not guilty to the charges, appellant entered a plea of insanity, alleging both insanity at the time of the crime's commission and mental incompetency to stand trial. The issue of incompetency to stand trial was specifically withdrawn by the appellant. However, the trial court did order appellant's examination by court-appointed physicians, concerning his plea of insanity at the time of commission of the crime.

The trial court granted appellant's motion for post-conviction relief in part and set a hearing on the issue of competency to stand trial. Appellant then moved for a summary vacation of conviction and for entry of a retrial order. These motions were merged with appellant's motion for relief. At the hearing, the trial court found no error in the original trial court's failure to hold a hearing on mental competency to stand trial and denied appellant's motion.

[270 Ind. 225] Appellant alleges error in the trial court's failure to hold a hearing upon his mental capacity to stand trial and in the denial of post-conviction relief. An accused must be mentally competent before he can be forced to stand trial. State procedures must be adequate to protect this right. Pate v. Robinson (1966) 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815. Competency requires that the accused understand the nature of the proceedings against him and have a present ability to assist his attorney in preparing a defense. Drope v. Missouri (1975) 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103; Evans v. State (1973) 261 Ind. 148, 300 N.E.2d 882. The issue of competency to stand trial may be properly raised at any stage of the prosecution, either by the court Sua sponte or upon the suggestion of any person. IC § 35-5-3.1-1 (Burns 1975). This statute requires the trial court to hold a competency hearing if "reasonable grounds" exist to believe that the defendant is presently incompetent. See Tinsley v. State (1973) 260 Ind. 577, 298 N.E.2d 429. A plea of insanity in itself is insufficient to raise a reasonable basis for believing a defendant to be incompetent to stand trial. Baum v. State (1978) Ind., 379 N.E.2d 437. The trial court is vested with discretion to determine if "reasonable grounds" exist. That decision will be reviewed only for an abuse of that discretion. Harris v. State (1974) 262 Ind. 208, 314 N.E.2d 45.

Appellant cites the United States Supreme Court case of Pate v. Robinson, supra, for the proposition that a trial court must order a competency hearing...

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15 practice notes
  • State v. Pancake, No. 15417
    • United States
    • Supreme Court of West Virginia
    • 21 d2 Setembro d2 1982
    ...battery and rape); People v. Jones, 6 Ill.App.3d 669, 286 N.E.2d 87 (1972) (aggravated kidnapping and rape); Dragon v. State, Ind., 383 N.E.2d 1046 (1979), cert. denied, 442 U.S. 912, 99 S.Ct. 2829, 61 L.Ed.2d 279 (kidnapping and rape); Adams v. State, Ind., 386 N.E.2d 657 (1979) (burglary,......
  • Richardson v. State, No. 67S01-9910-CR-506.
    • United States
    • Indiana Supreme Court of Indiana
    • 1 d5 Outubro d5 1999
    ...dealing with both "reprosecution and multiple punishment" issues. 269 Ind. at 536, 382 N.E.2d at 896. 65. The Court in Dragon v. State, 270 Ind. 223, 383 N.E.2d 1046 (1979), recited the defendant's claim that his convictions for rape and kidnaping violated Article I, § 14, but did not purpo......
  • Dudley v. State, No. 783S263
    • United States
    • Indiana Supreme Court of Indiana
    • 15 d1 Julho d1 1985
    ...reviewable only for abuse of discretion. Green v. State, (1981) Ind., 421 N.E.2d 635, (remanded on other grounds); Dragon v. State, (1979) 270 Ind. 223, 383 N.E.2d 1046, cert. denied, (1979) 442 U.S. 912, 99 S.Ct. 2829, 61 L.Ed.2d 279. Appellant argues that according to Morris v. State, (19......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • 13 d3 Abril d3 1983
    ...and both are supported by the evidence beyond a reasonable doubt. Daniels v. State, (1980) Ind., 408 N.E.2d 1244; Dragon v. State, (1979) 270 Ind. 223, 383 N.E.2d 1046; Tewell v. State, (1976) 264 Ind. 88, 339 N.E.2d Petitioner next alleges that he was denied his right to effective assistan......
  • Request a trial to view additional results
15 cases
  • State v. Pancake, No. 15417
    • United States
    • Supreme Court of West Virginia
    • 21 d2 Setembro d2 1982
    ...battery and rape); People v. Jones, 6 Ill.App.3d 669, 286 N.E.2d 87 (1972) (aggravated kidnapping and rape); Dragon v. State, Ind., 383 N.E.2d 1046 (1979), cert. denied, 442 U.S. 912, 99 S.Ct. 2829, 61 L.Ed.2d 279 (kidnapping and rape); Adams v. State, Ind., 386 N.E.2d 657 (1979) (burglary,......
  • Richardson v. State, No. 67S01-9910-CR-506.
    • United States
    • Indiana Supreme Court of Indiana
    • 1 d5 Outubro d5 1999
    ...dealing with both "reprosecution and multiple punishment" issues. 269 Ind. at 536, 382 N.E.2d at 896. 65. The Court in Dragon v. State, 270 Ind. 223, 383 N.E.2d 1046 (1979), recited the defendant's claim that his convictions for rape and kidnaping violated Article I, § 14, but did not purpo......
  • Dudley v. State, No. 783S263
    • United States
    • Indiana Supreme Court of Indiana
    • 15 d1 Julho d1 1985
    ...reviewable only for abuse of discretion. Green v. State, (1981) Ind., 421 N.E.2d 635, (remanded on other grounds); Dragon v. State, (1979) 270 Ind. 223, 383 N.E.2d 1046, cert. denied, (1979) 442 U.S. 912, 99 S.Ct. 2829, 61 L.Ed.2d 279. Appellant argues that according to Morris v. State, (19......
  • Davis v. State, No. 581S145
    • United States
    • Indiana Supreme Court of Indiana
    • 13 d3 Abril d3 1983
    ...and both are supported by the evidence beyond a reasonable doubt. Daniels v. State, (1980) Ind., 408 N.E.2d 1244; Dragon v. State, (1979) 270 Ind. 223, 383 N.E.2d 1046; Tewell v. State, (1976) 264 Ind. 88, 339 N.E.2d Petitioner next alleges that he was denied his right to effective assistan......
  • Request a trial to view additional results

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