What is the test for determining whether a defendant is mentally competent to assist his defense?

California, United States of America


The following excerpt is from People v. Townsend, B270929 (Cal. App. 2017):

. . . behavior, strange words, or a preexisting psychiatric condition that has little bearing on the question of whether the defendant can assist his defense counsel. [Citations.]" [Citation.]' [Citation.]" (People v. Sattiewhite (2014) 59 Cal.4th 446, 464-465.) Accordingly, "defense counsel's expressed belief that [the] defendant might be mentally incompetent does not automatically trigger" a requirement that the trial court order a competency hearing. (Id. at p. 465.) Instead, "defense counsel must present expert opinion from a qualified and informed mental health expert, stating under oath and with particularity that the defendant is incompetent, or counsel must make some other substantial showing of incompetence that supplements and supports counsel's own opinion. Only then does the trial court have a nondiscretionary obligation to suspend proceedings and hold a competency trial. [Citation.] Otherwise, we give great deference to the trial court's decision not to hold a competency trial." (Ibid.)

Other Questions


What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
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)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant is competent to assist in his own defense? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to defend himself in court? (California, United States of America)
What is the evidentiary standard for determining whether a defendant is competent to stand at a new competency hearing? (California, United States of America)
What is the test for determining whether a defendant is mentally competent to stand trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.