Latest news with #LakenRiley


Toronto Star
08-07-2025
- Toronto Star
Judge orders mental evaluation for Venezuelan man convicted of killing Laken Riley
ATLANTA (AP) — A judge has ordered a mental evaluation of the Venezuelan man convicted of killing Georgia nursing student Laken Riley. A judge in November found Jose Ibarra guilty of murder and other crimes in Riley's February 2024 killing and sentenced him to life in prison without the possibility of parole. Ibarra is seeking a new trial, and his lawyers asked the judge to order a mental evaluation as part of that process.


The Independent
08-07-2025
- Politics
- The Independent
Judge orders mental evaluation for Venezuelan man convicted of killing Laken Riley
A judge has ordered a mental evaluation of the Venezuelan man convicted of killing Georgia nursing student Laken Riley. A judge in November found Jose Ibarra guilty of murder and other crimes in Riley's February 2024 killing and sentenced him to life in prison without the possibility of parole. Ibarra is seeking a new trial, and his lawyers asked the judge to order a mental evaluation as part of that process. Clarke County Superior Court Judge H. Patrick Haggard's order for a mental evaluation was sent to the state Department of Behavioral Health and Developmental Disabilities Tuesday, according to a letter filed with the court. Riley's killing became part of the national debate about immigration during last year's presidential campaign. Ibarra had entered the U.S. illegally in 2022 and was allowed to stay while he pursued his immigration case, federal immigration authorities said after his arrest. President Donald Trump in January signed into law the Laken Riley Act, which requires the detention of unauthorized immigrants accused of theft and violent crimes. Prosecutors said Ibarra encountered Riley while she was running on the University of Georgia campus on Feb. 22 and killed her during a struggle. Riley, 22, was a student at Augusta University College of Nursing, which also has a campus in Athens, about 70 miles (115 kilometers) east of Atlanta. In a court filing last month, Ibarra's post-conviction attorneys, James Luttrell and David Douds, said they believe Ibarra suffers from 'congenital deficiency' that could make him 'incapable of preparing a defense and standing trial." Ibarra 'lacks the mental capacity" to understand the proceedings, and his attorney wrote that he believes that was the case at the time of the killing and at the time of trial. Ibarra, 27, had waived his right to a jury trial, meaning it was up to Athens-Clarke County Superior Court Judge H. Patrick Haggard alone to hear and decide the case. 'A criminal defendant must personally and intelligently participate in the waiver of the constitutional right to a trial by jury,' Luttrell and Douds wrote, noting that Ibarra's trial attorney did not ask for a competency evaluation. Prosecutor Sheila Ross wrote in a court filing responding to the request that there were 'no challenges or concerns' about Ibarra's competency prior to trial and that 'there is nothing in the trial record that would suggest that Defendant was not competent during his trial.' But she wrote that she does not oppose the request for a competency evaluation. Haggard last week filed an order asking the Department of Behavioral Health and Developmental Disabilities to evaluate Ibarra with the aid of a Spanish-language interpreter. He asked for findings on whether Ibarra was capable of understanding the pretrial proceedings involving the waiver of his right to a jury trial, as well as the trial itself, and whether he was capable of assisting his attorney to prepare his defense. He also wants to know whether Ibarra understands the post-conviction proceedings and can aid in preparing his defense. Ibarra was convicted on Nov. 20 and his attorneys filed a motion for a new trial on Dec. 2. Under Georgia law, a notice of appeal must be filed within 30 days of a conviction becoming final, which is the date of sentencing or the denial of a motion for a new trial, whichever is later. Therefore, the filing of a motion for a new trial effectively extends the deadline to file an appeal.


Washington Post
08-07-2025
- Washington Post
Judge orders mental evaluation for Venezuelan man convicted of killing Laken Riley
ATLANTA — A judge has ordered a mental evaluation of the Venezuelan man convicted of killing Georgia nursing student Laken Riley. A judge in November found Jose Ibarra guilty of murder and other crimes in Riley's February 2024 killing and sentenced him to life in prison without the possibility of parole. Ibarra is seeking a new trial , and his lawyers asked the judge to order a mental evaluation as part of that process.


Associated Press
08-07-2025
- Associated Press
Judge orders mental evaluation for Venezuelan man convicted of killing Laken Riley
ATLANTA (AP) — A judge has ordered a mental evaluation of the Venezuelan man convicted of killing Georgia nursing student Laken Riley. A judge in November found Jose Ibarra guilty of murder and other crimes in Riley's February 2024 killing and sentenced him to life in prison without the possibility of parole. Ibarra is seeking a new trial, and his lawyers asked the judge to order a mental evaluation as part of that process. Clarke County Superior Court Judge H. Patrick Haggard's order for a mental evaluation was sent to the state Department of Behavioral Health and Developmental Disabilities Tuesday, according to a letter filed with the court. Riley's killing became part of the national debate about immigration during last year's presidential campaign. Ibarra had entered the U.S. illegally in 2022 and was allowed to stay while he pursued his immigration case, federal immigration authorities said after his arrest. President Donald Trump in January signed into law the Laken Riley Act, which requires the detention of unauthorized immigrants accused of theft and violent crimes. Prosecutors said Ibarra encountered Riley while she was running on the University of Georgia campus on Feb. 22 and killed her during a struggle. Riley, 22, was a student at Augusta University College of Nursing, which also has a campus in Athens, about 70 miles (115 kilometers) east of Atlanta. In a court filing last month, Ibarra's post-conviction attorneys, James Luttrell and David Douds, said they believe Ibarra suffers from 'congenital deficiency' that could make him 'incapable of preparing a defense and standing trial.' Ibarra 'lacks the mental capacity' to understand the proceedings, and his attorney wrote that he believes that was the case at the time of the killing and at the time of trial. Ibarra, 27, had waived his right to a jury trial, meaning it was up to Athens-Clarke County Superior Court Judge H. Patrick Haggard alone to hear and decide the case. 'A criminal defendant must personally and intelligently participate in the waiver of the constitutional right to a trial by jury,' Luttrell and Douds wrote, noting that Ibarra's trial attorney did not ask for a competency evaluation. Prosecutor Sheila Ross wrote in a court filing responding to the request that there were 'no challenges or concerns' about Ibarra's competency prior to trial and that 'there is nothing in the trial record that would suggest that Defendant was not competent during his trial.' But she wrote that she does not oppose the request for a competency evaluation. Haggard last week filed an order asking the Department of Behavioral Health and Developmental Disabilities to evaluate Ibarra with the aid of a Spanish-language interpreter. He asked for findings on whether Ibarra was capable of understanding the pretrial proceedings involving the waiver of his right to a jury trial, as well as the trial itself, and whether he was capable of assisting his attorney to prepare his defense. He also wants to know whether Ibarra understands the post-conviction proceedings and can aid in preparing his defense. Ibarra was convicted on Nov. 20 and his attorneys filed a motion for a new trial on Dec. 2. Under Georgia law, a notice of appeal must be filed within 30 days of a conviction becoming final, which is the date of sentencing or the denial of a motion for a new trial, whichever is later. Therefore, the filing of a motion for a new trial effectively extends the deadline to file an appeal.


UPI
08-07-2025
- Politics
- UPI
Judge orders mental evaluation in appeal for Laken Riley's convicted killer
The 2024 murder of 22-year-old Georgia university student Laken Riley received a lot of attention from President Donald Trump, who in January signed into law the Laken Riley Act (pictured). File Photo by Samuel Corum/UPI | License Photo July 8 (UPI) -- A Georgia judge ordered a mental evaluation for Jose Ibarra, the man convicted in the 2024 murder of 22-year-old university student Laken Riley. It will determine if Ibarra, a native of Venezuela, was mentally competent at the time of the crime and later at trial, including whether he understood the legal consequences of waiving a trial by jury and if he is mentally equipped to assist in his own appeal. In November, Ibarra was convicted of malice murder and other related charges in the February 2024 attack that left Riley, a nursing student, dead near a wooded trail on the campus of the University of Georgia. It was the impetus behind the Laken Riley Act, decried as a political move by opponents and which passed the Senate and was signed by U.S. President Donald Trump on January 29. The decision to call for the mental evaluation was issued last week by Athens-Clarke County Superior Court Judge H. Patrick Haggard, who sentenced Ibarra to life in prison with no chance of parole. Haggard's order filed on Thursday instructs officials to figure out if the undocumented migrant was "capable of understanding the nature and object of pretrial proceedings, including waiver of jury trial rights." Ibarra, 27, is hoping to vacate his guilty sentence or secure a new court trial after his attorneys filed a new-trial motion only weeks after his conviction late last year. His legal team argued that the guilty verdict was "contrary to law" and evidence. Ibarra, who speaks Spanish as a first language and possibly faced a language barrier, was characterized as "a slow learner" last month during a virtual hearing by defense attorney David Dodds. The state, for its part, did not oppose the evaluation request but filed a separate motion to seek public money to retain expert witnesses for a possible court appeal.