1368 Competence

The court was not required to appoint a second attorney to oppose a finding of incompetency when defendant’s attorney voiced concerns over her client’s competency. Also, the trial court’s failure to obtain a personal waiver of defendant’s right to be…

Three days after the start of appellant's court trial for first degree murder of his wife, appellant was found incompetent to stand trial, causing a suspension of the criminal proceedings, which resumed later after competency had been restored. On appeal,…

Timmins was convicted of several counts of bank robbery and sentenced to 30 years in prison, following his refusal to consider a plea bargain which would have resulted in 12 years and which was strongly encouraged by counsel. Two mental…

A district court's grant of habeas relief was affirmed where appellant was denied his right to a competency hearing pursuant to Penal Code section 1368 despite considerable evidence that he was not competent to stand trial. Trial counsel twice notified…

In this automatic appeal, appellant contended that his conviction was obtained in violation of his right to due process because he was not competent to stand trial and the trial court did not hold a hearing, pursuant to section 1368…

Here Odle had suffered massive trauma to his brain, and doctors had removed a grapefruit sized portion of his brain. Odle had also subsequently exhibited psychotic behavior, some of it while awaiting trial. Under these circumstances, the evidence before the…