What is the test for determining whether a defendant is legally incompetent to stand trial?
California, United States of America
The following excerpt is from People v. Hardy, E060163 (Cal. App. 2015):
The conviction of an accused person while he is legally incompetent violates due process. (Medina v. California (1992) 505 U.S. 437, 449.) The federal test for
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determining competence to stand trial is "'whether [the defendant] 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. U.S. (1960) 362 U.S. 402, 402.)
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