Murder conviction reversed due to competency questions
The Nevada Supreme Court issued only one published opinion yesterday, reversing a murder conviction because of doubts about the defendant's competency.
In Olivares v. State, the Nevada Supreme Court reversed the defendant’s conviction for murder, finding the District Court abused its discretion by failing to conduct a hearing on whether further competency proceedings under NRS 178.415 were necessary. Here, the defendant’s competency had been questioned from the commencement of the case, and he had spent nearly half of the preceding three years in a mental health facility. Additionally, while six months before trial, two mental health professionals had opined that he was competent to stand, they also acknowledged that he persisted in the delusion that his defense counsel was in collusion with the prosecution. Additionally, defense counsel stated that defendant did not appear to understand plea negotiations, or the favorable plea agreement that had been offered to him. In these circumstances, further inquiry should have been made.
