Freeman v. State

The trial court did not err in failing to, sua sponte, conduct a hearing on the defendant's competency to stand trial after considering the competency examination report and concluding that the defendant was competent.

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Cornelius Detron Freeman, convicted by a jury of aggravated sodomy and enticing a child for indecent purposes,1 appeals from the trial court’s denial of his motion for new trial, alleging that his trial counsel and his initial appellate counsel rendered ineffective assistance and that the trial court erred in not holding a competency hearing. 1. Viewed with all inferences in favor of the jury’s verdict, Eady v. State, 256 Ga. App. 696 569 SE2d 603 2002, the evidence was that Freeman was the brother of Gwendolyn Thomas and the uncle of six-year-old K. F. On October 3, 2004, Thomas came home around 8:30 a.m. from her overnight shift at Wal-Mart. As she entered the kitchen, she saw her son, K. F., pulling up his pants and Freeman running up the stairs. She asked K. F. what had happened and he said that “Detron was doing the nasty to me.” Thomas ran upstairs where Freeman had run into the bathroom and shut the door. Thomas went into her bedroom and woke up Eric Reed, her then boyfriend, and demanded to know why K. F. had been downstairs alone. She then confronted Freeman, who denied anything had happened and left the house. Reed then went and got his two brothers, Eddy and Cory, so they could confront Freeman, but when they returned, Freeman was gone.

Eddy Reed asked K. F. what happened and K. F. said Freeman had been messing with him and had stuck his “thing” in his bottom. On the way to take his brothers home, Eric Reed called 911 and reported the incident.

Freeman v. State

The trial court did not err in failing to, sua sponte, conduct a hearing on the defendant's competency to stand trial after considering the competency examination report and concluding that the defendant was competent.

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