KENNEDY v. STATE

No. 51, September Term, 2013.

85 A.3d 106 (2014)

436 Md. 686

Kivi KENNEDY v. STATE of Maryland.

Court of Appeals of Maryland.

February 21, 2014.


Attorney(s) appearing for the Case

Deborah S. Richardson , Asst. Public Defender ( Paul B. DeWolfe , Public Defender, Baltimore, MD), on brief, for petitioner.

Brenda Guss , Asst. Atty. Gen. ( Douglas F. Gansler , Atty. Gen. of Maryland, Baltimore, MD), on brief, for respondent.

Argued before BARBERA, C.J., HARRELL, BATTAGLIA, GREENE, ADKINS, MCDONALD, WATTS, JJ.


GREENE, J.

At issue in this appeal is whether defense counsel's request to have Petitioner "evaluated," under the circumstances, was sufficiently clear to trigger Md.Code (2001, 2008 Repl. Vol.), § 3-104(a) of the Criminal Procedure Article, which requires the trial court to determine whether the defendant was competent to stand trial based on evidence presented on the record. We shall hold that defense counsel did not trigger the trial judge's duty to make a...

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