How has the court treated a motion to dismiss a case against defendant in a mental health matter?
California, United States of America
The following excerpt is from People v. Garcia, F068522 (Cal. App. 2015):
During the trial, defense counsel moved to dismiss the case against defendant, alleging the prosecution had violated its obligations pursuant to Brady v. Maryland (1963) 373 U.S. 83 when it failed to provide the defense with a report concerning defendant's suicidal behavior on May 13, 2013. On that occasion, defendant climbed onto a roof, wrapped a cable around his neck, and threatened to jump and hang himself in response to the arrival of law enforcement officers following up on a report of domestic violence. As the parties argued the motion to the court, defense counsel stated "my client isin my discussions with himvery articulate and seems to understand the process better thanbetter than most of my clients; however, he is nothe did not disclose to me any of the details regarding hishis suicidal behavior."
Ultimately, the court ruled as follows:
Immediately thereafter, defense counsel stated:
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Counsel then declared "a doubt regarding the defendant's competence pursuant to [section] 1368." The court responded:
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