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Appeals panel examines whether Leatherwood’s competency finding was stale at trial
Summary
Defense argued that nearly four years elapsed between a 2018 competency opinion and the 2022 trial, leaving the competency finding stale and requiring renewed inquiry into the defendant’s ability to consult with counsel; the Commonwealth said recent hearings, expert testimony, and records supported the trial judge’s ruling.
Appellate justices probed whether a competency finding from 2018 remained reliable by the time of trial in Commonwealth v. Jerome Leatherwood.
Ethan Stiles, arguing for Leatherwood, told the court that the only expert opinion finding competency dated from 2018 and that intervening events (placements at recovery facilities, transfers, COVID-era disruptions, and changes in…
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