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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…

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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…

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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…

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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.)…

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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…

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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…

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Name: Hudec v. Superior Court
Case #: G047465
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/26/2013
Subsequent History: Revw. granted 10/2/13 (S213003)

Mentally ill petitioner who killed his father and was found not guilty by reason of insanity could not be compelled to testify at a trial for his extended commitment. In 1981, Hudec killed his father. Hudec was a paranoid schizophrenic and believed he heard voices telling him to commit the killing. After a stipulation that Hudec was not guilty by reason of insanity, he was committed to a state hospital for committing voluntary manslaughter, rather than first degree murder. In 2012, the prosecutor filed a petition to extend Hudec's commitment and to compel his testimony at trial.…

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Name: People v. Tran
Case #: H036977
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/07/2013
Subsequent History: Review granted 8/14/2013: S211329

In an NGI extension proceeding, Penal Code section 1026.5 requires that the court advise the NGI of the right to a jury trial but does not require an NGI's personal jury trial waiver. These three cases all address the same issue. Defendants Tran, Fuquay, and Mortimer were committed to state hospitals after being found not guilty by reason of insanity (NGI). The district attorney filed separate petitions to extend the defendants' commitments. The same judge presided over all three cases. Counsel in each case waived a jury and the defendants' commitments were extending following a bench trial. In…

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Name: People v. Fuquay
Case #: H037195
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/25/2013
Subsequent History: Review granted 8/14/2013: S211076

In an NGI extension proceeding, Penal Code section 1026.5 requires that the court advise the NGI of the right to a jury trial but does not require an NGI's personal jury trial waiver. These three cases all address the same issue. Defendants Tran, Fuquay, and Mortimer were committed to state hospitals after being found not guilty by reason of insanity (NGI). The district attorney filed separate petitions to extend the defendants' commitments. The same judge presided over all three cases. Counsel in each case waived a jury and the defendants' commitments were extending following a bench trial. In…

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Name: People v. Mortimer
Case #: H037530
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/25/2013
Subsequent History: Review granted 8/14/2013: S211072

In an NGI extension proceeding, Penal Code section 1026.5 requires that the court advise the NGI of the right to a jury trial but does not require an NGI's personal jury trial waiver. These three cases all address the same issue. Defendants Tran, Fuquay, and Mortimer were committed to state hospitals after being found not guilty by reason of insanity (NGI). The district attorney filed separate petitions to extend the defendants' commitments. The same judge presided over all three cases. Counsel in each case waived a jury and the defendants' commitments were extending following a bench trial. In…

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