What is the test for a defendant to be found incompetent at a mental health hearing?
California, United States of America
The following excerpt is from People v. Adams, B249268 (Cal. App. 2014):
"Evidence of incompetence may emanate from several sources, including the defendant's demeanor, irrational behavior, and prior mental evaluations. [Citations.] But to be entitled to a competency hearing, 'a defendant must exhibit more than . . . a preexisting psychiatric condition that has little bearing on the question . . . whether the defendant can assist his defense counsel.' [Citations.]" (People v. Rogers, supra, 39 Cal.4th at p. 847.)
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