Skip to content
Name: People v. Sundberg
Case #: D080500
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/17/2023

Anders/Wende review was not required in an appeal from an order denying NGI’s petition to be released from the state hospital and placed in CONREP as part of the process for restoration of his sanity. In 2021, Sundberg, an NGI, petitioned the court to be released from the state hospital and placed under community supervision on an outpatient basis in a conditional release program (CONREP) as part of the process for restoration of his sanity pursuant to Penal Code section 1026.2. After conducting an evidentiary hearing, the trial court denied the petition. Sundberg appealed. Appointed counsel on appeal raised no…

View Full Summary
Name: People v. Endsley
Case #: E068576
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/10/2018

Denial of NGI defendant's petition for conditional release reversed where trial court improperly denied his request to testify by telephone. In 1997, Endsley was committed to a state hospital after being found not guilty of the murder of his father by reason of insanity (NGI). He petitioned for release (Pen. Code, § 1026.2), and requested to testify remotely via telephone so he would not be confined in jail and appointment of an independent expert. The trial court denied his requests and the petition. He appealed. Held: Reversed. There are two ways an NGI may be released from commitment: (1) upon…

View Full Summary
Name: People v. Marsh
Case #: C078999
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/22/2018

Due process and the prohibition against disproportionate punishment did not require trial court to instruct on irresistible impulse as the standard for sanity of a juvenile offender. Marsh, a juvenile offender, was found guilty of two counts of first degree murder. After often expressing a desire to kill, he randomly selected a home in the middle of the night and stabbed an elderly couple to death, mutilating their bodies. He was found sane following the sanity phase of the trial. On appeal, he argued that due process and the prohibition against disproportionate punishment required the trial court to…

View Full Summary
Name: In re Taitano
Case #: A147412
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 07/05/2017

A trial court may not conduct a competency hearing after a defendant is adjudicated mentally incompetent to stand trial, found unlikely to regain competence, and has served the maximum commitment term. In 2011, Taitano was found incompetent to stand trial for murder and other offenses and was committed to the state hospital for treatment. In 2013, the state hospital reported that Taitano was still incompetent and was unlikely to regain competency in the foreseeable future. When he was returned to court for further proceedings, the court referred him to the public guardian to investigate a conservatorship. Ultimately, no conservatorship was…

View Full Summary
Name: People v. McCarrick
Case #: A136822
Court: CA Court of Appeal
District 1 DCA
Opinion Date: 11/30/2016

Trial court's failure to add "delusion" to jury instructions regarding the effect of hallucinations on defendant's ability to premeditate and deliberate was not error. Defendant pleaded not guilty and not guilty by reason of insanity to killing her three-year-old twin daughters. She claimed she suffered from delusional beliefs that killing the children was the only way to save them from being kidnapped and enslaved. In the guilt phase she was found guilty of two counts of first degree murder with special circumstances. In the sanity phase of the trial, the jury found the defendant sane at the time of the…

View Full Summary
Name: Jackson v. Superior Court (Riverside County)
Case #: E064010
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/24/2016

Defendant who has been committed as incompetent for the maximum period, but who is not gravely disabled, is not entitled to release from custody where new charges are currently pending. In 2008, Jackson was charged with a lewd act on a child (Pen. Code, § 288, subd. (b)). He was found incompetent to stand trial and committed to Patton State Hospital. In May 2015, the trial court ordered defendant's release because he had reached the maximum period of commitment authorized by law (Pen. Code, § 1370, subd. (c)(1)). The prosecution then secured an indictment in a new case, related to…

View Full Summary
Name: People v. Martinez
Case #: G052440
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/26/2016

Wende/Anders procedures are not required in appeal from an order extending the commitment of a defendant found not guilty by reason of insanity (NGI). In 2004, Martinez was found NGI of first degree burglary and attempted burglary. In 2015, his civil commitment was extended. He appealed the extension and appellate counsel filed a brief advising the court that he found no issues. However, counsel also argued that due process required the appellate court to undertake an independent review of the appellate record. Held: Appeal dismissed. When the defendant has a federal constitutional right to appellate counsel, and appellate counsel…

View Full Summary
Name: People v. Williams
Case #: C076260
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/01/2015

Personality disorder not otherwise specified (NOS) can be a mental disease, defect, or disorder for purposes of extending a commitment under Penal Code section 1026.5. In 1993, Williams fired a machine gun and injured a police officer, and the next day shot at an officer and a police dog. The jury found him not guilty by reason of insanity of two counts of attempted murder and other offenses. He was committed to a state mental hospital (Pen. Code, § 1026), where he was diagnosed under the DSM-IV with alcohol and amphetamine dependence and personality disorder NOS. (Pen. Code, § 1026.)…

View Full Summary
Name: People v. Tran
Case #: S211329
Court: CA Supreme Court
District CalSup
Opinion Date: 08/17/2015

In proceedings to extend the involuntary commitment of a person found not guilty by reason of insanity (NGI), the trial court must advise the NGI defendant of his right to a jury trial and obtain a personal waiver before holding a bench trial, unless the defendant lacks the capacity to make a knowing and voluntary waiver. The District Attorney filed a petition to extend Tran's NGI commitment a fourth time. Tran's counsel requested a bench trial and the prosecutor agreed. After the trial, the court sustained the petition and extended Tran's NGI commitment. Tran appealed. The Court of Appeal held…

View Full Summary
Name: Hudec v. Superior Court
Case #: S213003
Court: CA Supreme Court
District CalSup
Opinion Date: 01/04/2015

A person found not guilty by reason of insanity (NGI) who is facing a commitment extension hearing has a statutory right to refuse to testify in the People's case-in-chief. Hudec was found NGI of killing his father in 1981, and was committed to a state hospital for a maximum term reflecting the sentence for voluntary manslaughter. In 2012, the prosecutor filed a petition to extend Hudec's commitment under Penal Code section 1026.5. The trial court denied Hudec's motion to preclude his compelled testimony as a prosecution witness. The Court of Appeal issued a writ of mandate, directing the superior court…

View Full Summary