Avery Berry, the Jacksonville man found guilty in July for the murder of Marcus Jackson, was back in court on Tuesday.
The 20 year old, who must serve four-and-a-half decades in prison, filed a motion on July 27th for a psychiatric hearing, to determine if he was fit to stand trial.
According to the Jacksonville Journal Courier, Berry stated he has ADHD and opposition defiant disorder.
Berry claims his attorney, Bruce Locher of Springfield, was made aware of his prior history with psychological problems and feels Locher was “objectively unreasonable” for not investigating the defendant’s mental history.
The paper adds that Locher acknowledged he was aware of Berry’s ADHD diagnosis and felt the defendant was active in the court proceedings.
Berry requested that Locher be removed as his legal council for any future proceedings, a request Locher agreed to.
No action was taken on the motion and Berry will proceed to the sentencing on October 5th.