Is a defendant entitled to a full adversarial hearing on the issue of his competence to stand trial?

California, United States of America


The following excerpt is from People v. Weaver, 111 Cal.Rptr.2d 2, 26 Cal.4th 876, 29 P.3d 103 (Cal. 2001):

Defendant contends the failure to hold a full-blown adversarial hearing on the question of his competence deprived him of due process and requires that we vacate his convictions. Essentially, defendant claims counsel could not waive a full jury trial with live witnesses. We rejected this precise claim in People v. McPeters (1992) 2 Cal.4th 1148, 1169, 9 Cal.Rptr.2d 834, 832 P.2d 146: "Section 1368 entitles defendant to a `hearing' on the issue of competence and he received one. Although defendant's counsel, for understandable reasons, elected to waive certain available incidents of the hearing procedure, i.e., the right to jury trial and the rights to present oral testimony and to confront and cross-examine witnesses, defendant presented evidence and received an independent judicial determination of his competence to stand trial based on the stipulated record. [Citation.] [?] Defendant cites no authority holding that submission to the court of the issue of competence to stand trial based on psychiatric reports is per se unconstitutional or a violation of statute."

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