1368 Competence

Name: People v. Brewer
Case #: C075255
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/13/2015
  • Categories: 1368 Competence, Areas Constitutional Law, Civil Rights, Pretrial Motions

Changes in the law regarding transfer of defendants found incompetent to stand trial (IST) require remand for reconsideration of Sacramento trial court's injunction mandating 14-day transfer of defendants to state hospital. When a defendant is found IST, the trial court…

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Name: People v. Gardner
Case #: A135615
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/21/2014
  • Categories: 1368 Competence, Pretrial Motions, Right to Counsel, Self-Representation

Trial court did not abuse its discretion in denying request for self-representation where defendant suffered from an expressive language disorder that would prevent him from coherently communicating with the court or a jury. Gardner was convicted of first degree murder,…

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Name: People v. Kirvin
Case #: B246329
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 12/04/2014
  • Categories: 1368 Competence, Pretrial Motions, Restitution, Right to Counsel, Self-Representation, Sentencing

Substantial evidence supported the trial court's competency determination where two experts agreed that defendant understood the charges and proceedings, but only one found him to be competent. Before Kirvin's trial, the court declared a doubt about his competence, suspended proceedings…

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Name: People v. G.H.
Case #: E059718
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/30/2014
  • Categories: 1368 Competence, Credits, Pretrial Motions, Sentencing

Trial court properly determined that defendant was not entitled to have precommitment custody credits applied against commitment period in state hospital to restore competency. In May 2010, G.H. was charged with multiple offenses. He was found incompetent to stand trial…

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Name: In re Williams
Case #: B252654
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 08/08/2014
  • Categories: 1368 Competence, Areas Constitutional Law, Due Process, Pretrial Motions

Trial court did not have authority under Penal Code section 1370.1 to place mentally incompetent defendant in county jail to receive competency services. Due to his developmental disability, Williams was declared mentally incompetent to stand trial for a number of…

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Name: People v. Salter
Case #: E054646
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/26/2012
  • Categories: 1368 Competence, Areas Constitutional Law, Due Process, Pretrial Motions, Trial Proceedings, Waiver of Jury Trial

Defendant is not denied due process where the trial court fails to appoint a second attorney to advocate her competency after trial defense counsel has declared a doubt as to defendant's competence to stand trial. After killing a pedestrian with…

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Name: People v. Coleman
Case #: A133226
Court: US Court of Appeals
District 1 DCA
Division: 3
Opinion Date: 08/01/2012
  • Categories: 1368 Competence, Areas Constitutional Law, Other, Pretrial Motions

Substantial evidence supported the trial court's order authorizing the defendant's involuntary medication for purposes of restoring him to competency to stand trial. While the defendant was pending felony sex charges, he was found incompetent to stand trial pursuant to Penal…

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Name: People v. Christiana
Case #: E048681
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/10/2010
  • Categories: 1368 Competence, Pretrial Motions

An order authorizing a hospital to involuntarily administer antipsychotic medication to a defendant found incompetent to stand trial and committed for treatment must be predicated, in part, on identification of the specific medication. Under Penal Code section 1370, the state…

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Name: Maxwell v. Roe
Case #: 08-55534
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/20/2010
  • Categories: 1368 Competence, Pretrial Motions

Where evidence raises a "bona fide doubt" regarding the defendant's mental competency, the judge must sua sponte conduct a competency hearing. (Pate v. Robinson (1966) 383 U.S. 375.) When defendant was being prosecuted for murder, a Penal Code section 1368…

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Name: People v. Bell
Case #: E047068
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 02/04/2010
  • Categories: 1368 Competence, Pretrial Motions

In a competency proceeding pursuant to Penal Code section 1368, once it is established that the court has a doubt as to defendant's competence, trial counsel has the authority to determine whether defendant should testify at the trial on the…

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