What is the test for determining whether a defendant is competent to stand trial after a second competency hearing?
California, United States of America
The following excerpt is from People v. Villalon, G041705 (Cal. App. 8/28/2009), G041705. (Cal. App. 2009):
"Once a defendant has been found competent to stand trial, a second competency hearing is required only if the evidence discloses a substantial change of circumstances or new evidence is presented casting serious doubt on the validity of the prior finding of the defendant's competence. [Citations.]" (People v. Medina (1995) 11 Cal.4th 694, 734.)
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