Does memory loss alone require counsel to request a competency evaluation? State v. Bruhn Explained

In State v. Bruhn, the Utah Court of Appeals addressed whether defense counsel’s failure to request a competency evaluation for a client suffering memory loss constitutes ineffective assistance of counsel.

Background and Facts

After a car accident, Sandra Bruhn was charged with drug possession and open container violations based on substances found at the scene. Bruhn suffered memory loss from the accident and could not recall details surrounding the charges. Her trial counsel informed the jury of her memory problems and explained she could not testify meaningfully about the events. Despite this, counsel never requested a competency evaluation. Bruhn was convicted on all charges but later sought a rule 23B remand, arguing counsel’s failure to seek the evaluation constituted ineffective assistance.

Key Legal Issues

The central issue was whether trial counsel performed deficiently under Strickland v. Washington by failing to request a competency evaluation when aware of the client’s memory loss. The court also addressed what circumstances create sufficient indicia of incompetency to require counsel to seek such an evaluation.

Court’s Analysis and Holding

The court held that memory loss alone does not establish incompetency or require counsel to request an evaluation. Citing overwhelming consensus from other jurisdictions, the court explained that amnesia about charged conduct does not automatically render a defendant incompetent to stand trial. A defendant can still “consult with counsel and participate in proceedings with a reasonable degree of rational understanding” despite memory loss. The court found no evidence that Bruhn’s memory problems impaired her ability to assist in her defense beyond her inability to recall the specific events.

Practice Implications

This decision clarifies that counsel must identify additional indicators of incompetency beyond mere memory loss before seeking a competency evaluation. Practitioners should document behavioral observations, communication difficulties, or other psychological symptoms that might suggest broader cognitive impairment affecting the client’s ability to participate in their defense.