CASE LAW UPDATE: Whether the defendant’s petition for post conviction relief must be granted on the grounds that the conviction is in question because a competency evaluation was not conducted?
Defendant had been convicted of violating a harassment restraining order. She brought a petition for post conviction relief to vacate her conviction on the grounds that the conviction was in question because a competency evaluation should have been conducted. Noting that throughout the duration of her cases, defendant maintained she has been targeted individual for decades, stated the government and private citizens were torturing her by placing foreign objects in her body, poisoning her food, killing her cats, recording her, and trying to get her to commit suicide, the Minnesota Court of Appeals concluded there was sufficient reason to doubt her competency, and a competency evaluation should have been conducted, it was not, so her conviction is vacated. Reversed and remanded.
State v. Durschmidt, A19-0833, Lyon County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.