DueProcess
Was Cookston's Constitutional Rights to due-process and fair-trial violated by the trial court making a retrospective determination of competency a year and half after trial?
QUESTION(S) PRESENTED coe The Fifth District Court of Appeal reversed and remanded this case for the trial court to determine whether it could conduct a hearing to determine Cookston's competency at the time of trial. The trial court never made this determination; instead, the judge simply took testimony from Cookston's trial attorney, made her own comments, and cited a stale competency evaluation that took place 11 months prior to trial, and two and half years prior to the hearing. The evaluation suggested Cookston's condition be closely monitored and that a reevaluation may be required. Was Cookston's Constitutional Rights to due process and a fair trial violated by the trial court making a retrospective determination of competency a year and half after trial? All parties appear in the caption of the case on the cover page. RELATED CASES 1. The Fifth Judicial Circuit, State of Florida, Case No.: 2017-CD-000576 2. The Fifth District Court of Appeal, State of Florida, Case No.: 5D19-2523 3. The Fifth District Court of Appeal, State of Florida, Case No.: 5D21-0881 ccgin ...