[Cite as State v. Collins, 2022-Ohio-1018.]

IN THE COURT OF APPEALS

FIRST APPELLATE DISTRICT OF OHIO

HAMILTON COUNTY, OHIO

STATE OF OHIO,

 Plaintiff-Appellee,

 vs.

REGINA A. COLLINS,

 Defendant-Appellant.

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APPEAL NO. C-210302 

TRIAL NO. B-2004916

 

 

O P I N I O N.

Criminal Appeal From: Hamilton County Court of Common Pleas

 

Judgment Appealed From Is: Reversed and Cause Remanded

Date of Judgment Entry on Appeal: March 30, 2022

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula Adams, Assistant 

Prosecuting Attorney, for Plaintiff-Appellee,

Michael J. Trapp, for Defendant-Appellant.
OHIO FIRST DISTRICT COURT OF APPEALS

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ZAYAS, Judge.

{¶1} Regina A. Collins appeals the trial court’s judgment finding Collins 

incompetent to stand trial and ordering her to undergo treatment at Summit 

Behavioral Services. We reverse the trial court’s judgment because the Court Clinic 

report on competency relied on by the court was not properly admitted into evidence, 

and therefore, there was not sufficient evidence to overcome the presumption of 

competence. 

Factual Background

{¶2} On October 27, 2020, Regina A. Collins was indicted for theft from a 

person in a protected class and unauthorized use of property, both felonies of the 

second degree. Collins entered not-guilty pleas in mid-November. In December, the 

case was continued for a plea or trial setting at Collins’s request to January 11, 2021. 

On January 12, the case was continued at Collins’s request for a report on hospital 

subpoenas previously filed by Collins. Both attorneys agreed to the continuance per 

telephone consent.

{¶3} The following day, an entry appointing the Court Clinic for a psychiatric 

exam of Collins was journalized. The entry stated “the Court, being fully advised, is of 

the opinion that psychiatric examination is necessary to assist the Court in 

determining the proper disposition of the case.” A competency report was submitted 

by the Court Clinic concluding that Collins was incompetent. Collins filed a motion 

seeking an additional evaluation.

{¶4} The motion stated that the court had ordered a competency evaluation 

based on “information relating to Defendant’s professional history and allegations in 

the present case.” Collins acknowledged receipt of the Court Clinic report opining that 
OHIO FIRST DISTRICT COURT OF APPEALS

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she was incompetent and in need of inpatient restoration. Collins disputed these 

conclusions and requested a second evaluation to be conducted by Dr. Stephen 

Noffsinger of Cleveland, Ohio.

{¶5} At a hearing to discuss the competency report, Collins reiterated her 

disagreement with the conclusion that she was incompetent and requested that Dr. 

Noffsinger be appointed to conduct a second evaluation. The court wished to explore 

Collins’s past relationship with Dr. Noffsinger, so Collins gave sworn testimony.

{¶6} Collins testified that her initial contact with Dr. Noffsinger occurred in 

2008 after her law license was suspended. She learned about him when she was 

seeking a favorable report to reinstate her law license. Collins spoke with him briefly 

to ask if he would accept a payment plan for his services. He responded, “No,” and she 

had no further contact with him. The court agreed to order a second opinion, and 

ultimately appointed Dr. Noffsinger to complete a second evaluation. 

{¶7} At the next hearing, the trial court explained that, “We are here for a 

follow-up on competency.” Dr. Noffsinger’s report had been filed that day. The court 

had reviewed a copy of the report and stated the report would not be made part of the 

record. Dr. Noffsinger reported that he could not make a competency determination 

and recommended an extended period of diagnosis and observation in order to reach 

a conclusion. 

{¶8} Collins reviewed the report and maintained her belief that she was 

competent to stand trial. Collins objected to inpatient restoration and to restoration 

at Summit Behavioral Services. She requested that the court allow her to be out and 

monitored by the Court Clinic while the court considered the least restrictive 

environment.
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{¶9} The trial court conducted a competency hearing, relying on the report 

from the Court Clinic that found that Collins was incompetent to stand trial. When 

the court asked Collins if she had any additional evidence for the court to consider, she 

responded that she was unaware there would be a full hearing that day, and she 

believed she could complete a third evaluation. She requested a continuance to obtain 

a third evaluation, which the court denied. 

{¶10} The court accepted the Court Clinic report, adopted that opinion, and 

found Collins incompetent to stand trial under R.C. 2945.37. The court ordered 

Collins to undergo treatment at Summit Behavioral Services. The court stayed the 

order pending resolution of the appeal. 

{¶11} Collins appeals, arguing that the incompetency determination is not 

supported by competent, credible evidence because the trial court did not take any 

testimony and the competency reports were not admitted into evidence. 

Competency to Stand Trial

{¶12} “Fundamental principles of due process require that a criminal 

defendant who is legally incompetent may not be tried.” State v. Berry, 72 Ohio St.3d 

354, 359, 650 N.E.2d 433 (1995). Where the issue of a defendant’s competency to 

stand trial has been raised, the trial court must determine the defendant’s competency 

in accordance with R.C. 2945.37. 

{¶13} R.C. 2945.37(B) provides that “the court, prosecutor, or defense may 

raise the issue of the defendant’s competence to stand trial” and, “[i]f the issue is raised 

before the trial has commenced, the court shall hold a hearing on the issue as provided 

in this section.” Under the statute, the defendant “is presumed to be competent to 

stand trial.” R.C. 2945.37(G). This presumption may be overcome if, “after a hearing, 
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the court finds by a preponderance of the evidence” that the defendant is not 

competent. State v. Adams, 103 Ohio St.3d 508, 2004-Ohio-5845, 817 N.E.2d 29, ¶ 

74. 

{¶14} “The prosecutor and defense counsel may submit evidence on the issue 

of the defendant’s competence to stand trial.” R.C. 2945.37(E). The written report of 

the evaluation of the defendant “may be admitted into evidence at the hearing by 

stipulation” or, if objected to by either party, “may be admitted under sections 2317.36 

to 2317.38 of the Revised Code or any other applicable statute or rule.” R.C. 

2945.37(E). A written report is admissible under R.C. 2317.36 “when testified to by 

the person, or one of the persons, making such report or finding * * * .”

{¶15} Based on the court’s order appointing the Court Clinic and Collins’s 

motion requesting a second evaluation, it appears the trial court raised the issue of 

competency based on information it received during a telephone conference regarding 

Collin’s professional history and unknown allegations regarding the current case. 

Collins did not raise the issue and consistently disputed that she was incompetent.

{¶16} The Court Clinic prepared a report at the court’s request that concluded 

Collins was incompetent. A second report prepared by Dr. Noffsinger recommended 

additional testing and observation to determine whether Collins was competent. 

Collins objected to both reports and requested a continuance to seek a third 

evaluation. The court denied the request, adopted the Court Clinic report, and found 

Collins incompetent.

{¶17} However, neither report was admitted as evidence at the hearing. The 

court stated that Dr. Noffsinger’s report would not be made part of the record, and the 

court did not admit the Court Clinic report. The parties did not request that the Court 
OHIO FIRST DISTRICT COURT OF APPEALS

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Clinic report be admitted as evidence or stipulate to the report. Absent a stipulation, 

the author of the report was required to testify in order for the report to be admitted. 

See R.C. 2317.36.

{¶18} The state argues that it was unnecessary for the report to be admitted as 

evidence because the record is clear that the court and the parties received and read 

the report. While the state is correct that there is no requirement that the report be 

admitted as evidence, without the report, the evidence is insufficient to overcome the 

presumption of competency. Although the competency report may support the trial 

court’s competency determination, that report was not admitted, and cannot be 

considered.

{¶19} Without the proper admission of the competency report, the evidence

does not support a finding of incompetency. Collins testified regarding her past 

history with Dr. Noffsinger at the court’s request. Collins understood the court’s 

questions and answered appropriately, and the court relied on her responses to 

determine whether to appoint Dr. Noffsinger. 

{¶20} Collins’s attorney did not file a suggestion of incompetency or express 

any concerns regarding her ability to understand the proceedings or assist in her 

defense. Before the question of competency was raised, Collins filed multiple 

subpoenas requesting the medical records of the alleged victim. The request was made 

prior to the receipt of discovery or a bill of particulars from the state, suggesting that 

Collins was capable of assisting in her defense. Absent the admission of the 

competency evaluation, the evidence is insufficient to overcome the presumption of 

competence. Accordingly, we sustain the assignment of error.

Conclusion
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{¶21} We sustain the sole assignment of error, reverse the trial court’s 

judgment finding Collins incompetent to stand trial, and remand the cause to the trial 

court for further proceedings consistent with the law and this opinion.

Judgment reversed and cause remanded.

MYERS, P.J., and CROUSE, J., concur.

Please note:

The court has recorded its own entry this date.