Is an injunction enforceable against a defendant found incompetent to stand trial?
California, United States of America
The following excerpt is from State Dep't of State Hosps. v. Superior Court, C076447 (Cal. App. 2020):
In Brewer, we held that an order directing the sheriff to deliver defendants found incompetent to stand trial to the state hospital within a certain time is an injunction. (Brewer, supra, 235 Cal.App.4th at p. 135.) An injunction may be defined " 'as a writ or order commanding a person either to perform or to refrain from performing a particular act. [Citation.]' " (Ibid, quoting McDowell v. Watson (1997) 59 Cal.App.4th 1155, 1160.)
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