What is the test for determining whether a defendant is mentally unfit to stand trial?
California, United States of America
The following excerpt is from People v. Perez, A131866 (Cal. App. 2012):
Also, "when . . . a competency hearing has already been held, the trial court may appropriately take its personal observations into account in determining whether there has been some significant change in the defendant's mental state. This is particularly true when . . . the defendant has actively participated in the trial." (People v. Jones (1991) 53 Cal.3d 1115, 1153.)
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