 After his direct appeal in 1997, Berry notified the state courts that he wished to forgo any further challenges to his conviction and sentence and that he desired to submit to the execution of his death sentence.The Ohio Public Defender, who had mandatorily represented Berry in his direct appeal, claimed that he was not mentally competent to make such a decision.The State of Ohio filed a motion for a competency hearing with the Supreme Court of Ohio, and that court ordered an evaluation of Berry's competence.