1368 Competence

Name: McKneely v. Superior Court (2023) 91 Cal.App.5th 1232
Case #: A166307
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/25/2023
  • Categories: 1368 Competence, Areas Constitutional Law, Due Process, Pretrial Motions, Separation of Powers

Penal Code section 1372(c)(2), which requires a report from a mental health professional before a trial court may reject a certificate of restoration to competency, does not violate separation of powers. McKneely was found incompetent to stand trial and ordered…

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Name: People v. Shkrabak (2023) 89 Cal.App.5th 943
Case #: C096266
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/28/2023
  • Categories: 1368 Competence, Areas Constitutional Law, Credits, Equal Protection, Pretrial Motions, Sentencing

Under equal protection principles, defendant is entitled to custody credits for time spent in state hospital after the trial court found him incompetent to stand trial. On appeal, defendant requested a recalculation of his custody credit to include time spent…

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Name: People v. Edwards (2023) 88 Cal.App.5th 1259
Case #: C094784
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/07/2023
  • Categories: 1368 Competence, Pretrial Motions

Sanctions were appropriate against the California Department of State Hospitals (DSH) because lack of hospital beds did not establish good cause or substantial justification for the delays in admitting defendants found incompetent to stand trial (IST). DSH failed to admit…

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Name: Medina v. Superior Court
Case #: G059331
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/29/2021
  • Categories: 1368 Competence, Pretrial Motions

The trial court and departments providing services must follow Penal Code section 1370.1 in providing treatment to those found incompetent to stand trial due to a developmental disability. In 2017, a trial court found Medina incompetent to stand trial due…

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Name: Stiavetti v. Clendenin
Case #: A157553
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/15/2021
  • Categories: 1368 Competence, Areas Constitutional Law, Due Process, Pretrial Motions

Persons found incompetent to stand trial and committed to the Department of State Hospitals (DSH) or the Department of Developmental Services (DDS) have a constitutional due process right to substantive services within a reasonable fixed period of time. When a…

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Name: People v. Tejeda
Case #: D075364
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/02/2019
  • Categories: 1368 Competence, Pretrial Motions

When the trial court is confronted with circumstances that are inconsistent with assumptions on which defendant's competency findings were based, it has a duty to declare a doubt as to his competency. Defendant confessed to robbing a convenience store on…

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Name: People v. Hooper
Case #: A153313
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/30/2019
  • Categories: 1368 Competence, Areas Constitutional Law, Due Process, Pretrial Motions

The State Department of Hospitals (DSH) can be fined for failing to comply with a standing order to timely transport individuals incompetent to stand trial (IST) from jail to a hospital. In this case, a class of IST defendants sought…

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Name: People v. Gonzales
Case #: B289385
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/02/2019
  • Categories: 1368 Competence, Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Pretrial Motions

After trial counsel declares a doubt regarding defendant's competency and the trial court suspends criminal proceedings, counsel may not withdraw the declaration and the trial court must make a finding regarding competency. Defendant was charged with the fatal stabbing of…

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Name: People v. Easter
Case #: A148197
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 04/11/2019
  • Categories: 1368 Competence, Pretrial Motions

Murder conviction reversed because trial court failed to reinstate competency proceedings despite evidence of defendant's worsened symptoms of mental illness, which prohibited him from assisting in his defense. Easter was charged with the murder of his wife. Prior to trial,…

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Name: People v. Rodas
Case #: S237379
Court: CA Supreme Court
District CalSup
Opinion Date: 11/26/2018
  • Categories: 1368 Competence, Pretrial Motions

Where a criminal defendant had been restored to competence through medication, evidence the defendant was no longer taking the medication and was exhibiting signs of incompetence required a new competency hearing. Prior to his trial for three murders and two…

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