A Benton County man convicted of two drug offenses will get a mental competency hearing after the Court of Appeals on Wednesday sent his case back to Circuit Court.
Jamaal Dulane Simpson, who is serving a 65-year prison sentence for convictions of delivery of cocaine and possession of drug paraphernalia, appealed to the state court, saying the Benton County Circuit Court erred in denying him a competency hearing.
Simpson's fight began in February 2013, when his trial attorney made the Circuit Court aware that he would raise mental disease or defect as his client's defense. From there, the court ordered a psychologist to determine whether Simpson was competent at the time of the offenses.
A psychologist saw him twice in July 2013, finding that while Simpson suffered from post-traumatic stress disorder and abused cocaine, he was competent enough to understand the charges against him, according to court documents.
Upon receiving the psychologist's report, Simpson's attorney at the time asked for a competency hearing to challenge the examiner's findings. But the trial court denied the hearing, saying Simpson already had two mental evaluations.
But the appeals court judges said state law requires a trial court to hold a competency hearing if the defendant challenges the competency finding.
"Appellant in his motion plainly took issue with [the psychologist's] finding that he was competent, and he requested a hearing," appeals court Judge M. Michael Kinard wrote in an opinion. "Under the statute, appellant's motion and request made a hearing mandatory."
The attorney general's office has 18 days to petition for a rehearing on the matter, Simpson's attorney Robby Golden said, adding that rehearings aren't granted often.
The outcome of the competency hearing will determine whether Simpson will get a retrial, according to the opinion. If he is found competent, the Court of Appeals will affirm the convictions, Golden said. If not, Simpson would be sent to the State Hospital to see whether his competency could be restored, he said.
Metro on 02/22/2015