California, United States of America
The following excerpt is from People v. Ghobrial, 234 Cal.Rptr.3d 669, 420 P.3d 179, 5 Cal.5th 250 (Cal. 2018):
right to due process and a fair trial, the trial court has an obligation to hold a hearing to inquire into the defendant's competence when there is a bona fide doubt as to the defendant's competence to stand trial, and failure to do so is reversible error. ( Pate v. Robinson (1966) 383 U.S. 375, 385, 86 S.Ct. 836, 15 L.Ed.2d 815 ; People v. Pennington (1967) 66 Cal.2d 508, 518, 58 Cal.Rptr. 374, 426 P.2d 942.)
The test of whether a defendant is competent to stand trial is whether he " has sufficient present ability to consult with his lawyer with a reasonable degree of rational understandingand whether he has a rational as well as factual understanding of the proceedings against him. " ( Dusky v. United States (1960) 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824.) This standard is codified in
[420 P.3d 196]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.