A trial court may evaluate a defendant’s conduct before, during, and after trial, in addition to prior competency evaluations in determining whether they are competent to stand trial.
P. Felix
In re M.H., No. 23A-JC-2959, __N.E.3d __ (Ind. Ct. App., Oct. 4, 2024).
With good cause, a court may sua sponte set a CHINS factfinding hearing beyond the 60-day deadline imposed by Ind. Code 31-34-11-1(a). However, judicial economy alone is not sufficient good cause.
Bradley v. State, No. 22A-CR-2317, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2024).
When a trial court sua sponte orders a competency evaluation for a defendant, the early trial period is tolled, and the delay is chargeable to neither the State nor the defendant. Once the competency evaluation is complete and the 70-day early trial period resumes, the State must fulfill its affirmative duty to bring the defendant to trial.
Hoback v. State, No. 23A-CR-411, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2023).
Pursuant to C.R. 4, when docket entries are absent or missing regarding the reason for a delay, the delay is not chargeable to the defendant.