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Name: People v. Kaplan
Case #: G035385
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 04/04/2007

The trial court erred when it failed to hold a second competency hearing, following a substantial change of circumstances since the original hearing. Prior to appellant's trial for attempted murder and other offenses, the trial court found him competent to stand trial pursuant to Penal Code section 1368. Nine months later, at the beginning of the trial, appellant jumped from the second tier of the jail. His attorney then questioned whether he was competent to stand trial. The trial court concluded that there was not enough of a change of circumstance to warrant a change in…

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Name: People v. McDuffie
Case #: A111738
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 10/25/2006

The trial court suspended proceedings in McDuffie's trial for armed robbery pursuant to Penal Code section 1368, and he was found incompetent to stand trial. A psychiatrist was appointed to determine whether it would be appropriate to forcibly administer psychotropic drugs in order to render McDuffie competent to stand trial. A hearing was held on the issue, and the court concluded that administration of medication would be substantially likely render McDuffie competent to stand trial. The court ordered McDuffie committed to Napa State Hospital and authorized the involuntary administration of antipsychotic medications. The court stayed its…

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Name: In re Hernandez
Case #: G035909
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/27/2006

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 a separate sanity trial, the psychiatrists who examined appellant for the 1368 proceedings were allowed to testify regarding statements he made during competency evaluations and during his hospitalization. In conjunction with his appeal, appellant filed a petition for writ of habeas corpus, claiming that counsel's failure to object to the inadmissible expert testimony at the sanity…

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Name: People v. Pokovich
Case #: S127176
Court: CA Supreme Court
District CalSup
Opinion Date: 08/31/2006

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 appellant's testimony with statements made during the competency exams by the court appointed mental health professionals. The trial court admitted the statements over defense objection. Appellant was convicted, and the appellate court affirmed. The California Supreme Court granted review to determine whether a testifying defendant may be impeached at trial with statements made before trial…

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Name: Carter v. Superior Court
Case #: B182641
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 07/27/2006

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 (2003) 539 U.S. 166. The appellate court granted a peremptory writ of mandate and ordered the trial court to vacate the order requiring the administration of antipsychotic medications against the defendant’s will. Noting that the courts disfavor the involuntary administration of drugs to restore competency, the court found that no substantial evidence was produced to support the necessary…

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Name: People v. Solorzano
Case #: F043786
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/14/2005

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 his counsel sought to submit the issue of his competency on the basis of two evaluations opining that appellant was competent to stand trial. Appellant desired a jury trial on the issue, and when counsel indicated his intent to submit the matter on the report, appellant made a Marsden motion. The trial court's refusal to hear that motion was…

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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

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 to be incompetent to stand trial due to untreatable degenerative dementia, the court found that he was not a danger to others and ordered alternative placement or outpatient treatment. The People sought a writ of mandate precluding such placement. The Court of Appeal granted the writ, holding that outpatient placement is not available under Penal Code section…

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Name: People v. O’Dell
Case #: C046576
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/03/2005

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 appeal, appellant challenged the medication order, contending that there was not substantial evidence to support it. The appellate court agreed, and reversed the order. The court did not consider the facts and any special circumstances of the case, and the hospital never specified the condition it was proposing to treat or even the actual medication it…

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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.

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 not cooperated with counsel. The court made some inquiries of appellant concerning his understanding of the proceedings, and denied the request for a 1368 hearing, finding that it had no doubt as to appellant's competency. The appellate court rejected appellant's claim on appeal, finding that the Supreme Court has repeatedly rejected claims that competency hearings were required in…

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Name: People v. Johnwell
Case #: F041899
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/30/2004

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 to incompetency, then they must adopt the one which points to competency and reject incompetency. On appeal, appellant argued that this violated his right to due process because it required him to introduce sufficient circumstantial evidence to disprove every rational conclusion and reasonable interpretation other than incompetence, thereby assigning him a higher burden of proof. The prosecutor conceded…

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