1368 Competence

Name: In re Hernandez
Case #: G035909
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/27/2006
  • Categories: 1368 Competence, Admitting/Excluding, Areas Constitutional Law, Evidence, Pretrial Motions, Right Against Self-incrim

Appellant was charged with murder and several other offenses. Two psychiatrists were appointed to evaluate appellant's competency; the trial court found appellant incompetent and ordered his commitment. After a year of confinement, he was returned for trial and convicted. At…

View Full Summary
Name: People v. Pokovich
Case #: S127176
Court: CA Supreme Court
District CalSup
Opinion Date: 08/31/2006
  • Categories: 1368 Competence, Admitting/Excluding, Areas Constitutional Law, Evidence, Hearsay, Pretrial Motions, Right Against Self-incrim

Prior to his trial for shooting at a motor vehicle and assault with a firearm, a competency hearing pursuant to Penal Code section 1368 was held. Appellant was found competent to stand trial. At his subsequent trial, the prosecutor impeached…

View Full Summary
Name: Carter v. Superior Court
Case #: B182641
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/27/2006
  • Categories: 1368 Competence, Pretrial Motions

The court may not force an offender to undergo drug therapy to restore his competency to stand trial if the order does not satisfy the strict criteria set forth by the United States Supreme Court in Sell v. United States…

View Full Summary
Name: People v. Solorzano
Case #: F043786
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/14/2005
  • Categories: 1368 Competence, Marsden, Pretrial Motions, Right to Counsel

The trial court's refusal to hear the defendant's Marsden motion while proceedings were pending to determine the defendant's competency to stand trial required a reversal of the judgment and a new trial. The Marsden motion was made by appellant after…

View Full Summary
Name: People v. O’Dell
Case #: C046576
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/03/2005
  • Categories: 1368 Competence, Pretrial Motions

Appellant was committed to a state hospital for a maximum of three years after being found incompetent to stand trial pursuant to Penal Code section 1370. The court subsequently authorized the hospital to involuntarily administer antipsychotic medication to him. On…

View Full Summary
Name: People v. Superior Court (Lopez)
Case #: C046721
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/27/2005
Subsequent History: Revw den. 3/23/05
  • Categories: 1368 Competence, Pretrial Motions

A defendant who is found to be incompetent to stand trial must be placed in a hospital or other secure treatment facility and may not receive alternative outpatient treatment. After the 79-year-old defendant in this child molestation case was found…

View Full Summary
Name: People v. Harrison
Case #: D043081
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/07/2005
Subsequent History: 4/13/05: Depublished & revw. den.
  • Categories: 1368 Competence, Pretrial Motions

Prior to appellant's trial for battery by a prisoner on a non-confined person, his trial counsel requested that the court have appellant examined pursuant to Penal Code section 1368 because he had made bizarre statements about the victim, and had…

View Full Summary
Name: People v. Johnwell
Case #: F041899
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/30/2004
  • Categories: 1368 Competence, By CALJIC Number, Jury Instructions, Pretrial Motions

At the conclusion of appellant's 1368 trial regarding his competency to stand trial, the court instructed the jury with CALJIC 2.01, which told them if the circumstantial evidence permits two reasonable interpretations, one pointing to competency and the other pointing…

View Full Summary
Name: People v. Ary
Case #: A095433
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 05/20/2004
Subsequent History: Rev. den. 8/18/04
  • Categories: 1368 Competence, Pretrial Motions

Where the trial court had before it substantial evidence that the developmentally-disabled defendant could not understand the nature of the proceedings or assist in his defense, the court’s failure to institute competency proceedings under Penal Code section 1368 deprived the…

View Full Summary
Name: People v. Amonson
Case #: C043461
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/16/2003
Subsequent History: None
  • Categories: 1368 Competence, Pretrial Motions

The trial court did not err in requiring a developmentally disabled defendant to remain in a locked facility for 180 days after he had been found not competent to stand trial. The defendant here was charged with two counts of…

View Full Summary