Is a defendant competent to stand trial and not capable of assisting counsel in his defense?

MultiRegion, United States of America

The following excerpt is from Sturgis v. Goldsmith, 796 F.2d 1103 (9th Cir. 1986):

These concerns are addressed in the context of competency hearings. First, it would be fundamentally unfair to require an incompetent defendant to stand trial. Pate v. Robinson, 383 U.S. 375, 378, 86 S.Ct. 836, 838, 15 L.Ed.2d 815 (1966). But more importantly, an incompetent defendant would not be capable of assisting counsel in his own defense. This latter pragmatic aspect is the principal concern of a competency determination. See, e.g., United States v. Swanson, 572 F.2d 523, 526-27 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978).

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