California, United States of America
The following excerpt is from People v. Marbley, E059998 (Cal. App. 2015):
Defendant claims the state law standard for determining incompetency under section 1367 "[i]s [t]oo [n]arrow" because it "requires a specific diagnosed [mental] disorder or disability," while the federal due process standard "allows for a finding of incompetency based on apparent competency issues not falling under a particular, specified diagnosis." We disagree. (See People v. Halvorsen, supra, 42 Cal.4th at p. 401 [noting that the standards for determining competency under 1367 and the 14th Amend. are "similar"].) Defendant cites no authority, and we have found none, supporting the proposition that the standard for determining competency under section 1367 impermissibly narrows the federal due process standard.
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