What is the test for psychological illness under section 473, subdivision (b) of the California Mental Health Act?
California, United States of America
The following excerpt is from Kirby v. Cuevas, B256527 (Cal. App. 2015):
The court determined that psychological illness is sufficient to support a request for relief under section 473, subdivision (b). In support of this decision, the court cited Kesselman v. Kesselman (1963) 212 Cal.App.2d 196, 207-208 [where defendant was weak, ill, feeble, and/or unable to understand the proceedings against him, relief was appropriate under section 473, subdivision (b)].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 1054.3(b) of the Mental Health Act restrict the prosecution's access to materials derived from mental health examinations conducted under section 1054 of the Act, which were obtained from a mental health clinic? (California, United States of America)
How does section 2970 of the California Mental Health Act apply when a defendant is committed to a long-term mental health commitment? (California, United States of America)
Does Section 1001.36 of the California Mental Health Act apply to a defendant's mental health? (California, United States of America)
Does Section 1001.36 of the California Mental Health Act exclude a defendant who poses an unreasonable risk of danger to public safety from eligibility for mental health diversion? (California, United States of America)
Does section 1170.1, subdivision (i) of the California Civil Code apply to subdivision (d) of Section 667.6? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
Does Section 810 of the Mental Health Act allow for a person with mental health issues to enter into a marriage? (California, United States of America)
Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
What is the difference between Section 667.5, subdivision (b) of the California Criminal Code and section 667, subdivision 5, of the Criminal Code? (California, United States of America)
