What is the test for determining whether a defendant is competent to stand trial at a retrospective mental competency hearing?
California, United States of America
The following excerpt is from People v. Ary, 120 Cal.Rptr.3d 431, 246 P.3d 322, 51 Cal.4th 510 (Cal. 2011):
The dissent, by contrast, reasoned that the high courts decision in Medina v. California, supra, 505 U.S. 437, 112 S.Ct. 2572, leaves a state free to allocate to the defendant the burden of proving mental incompetence to stand trial at any stage in the
[120 Cal.Rptr.3d 439]
proceedings, including a retrospective mental competency hearing. This view finds support in case law.[120 Cal.Rptr.3d 439]
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