California, United States of America
The following excerpt is from People v. Duley, F077020 (Cal. App. 2020):
Thus, only when defense counsel presents expert opinion from a qualified mental health expert "stating under oath and with particularity that the defendant is incompetent," or makes "some other substantial showing of incompetence that supplements and supports counsel's own opinion," "does the trial court have a nondiscretionary obligation to suspend proceedings and hold a competency trial." (People v. Sattiewhite (2014) 59 Cal.4th 446, 465.) "Otherwise, we give great deference to the trial court's decision not to hold a competency trial." (Ibid.)
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