Can a defendant be found incompetent to stand trial?

California, United States of America


The following excerpt is from People v. Clation, F068254 (Cal. App. 2016):

Due process is violated when an incompetent defendant undergoes a criminal trial. (People v. Lightsey (2012) 54 Cal.4th 668, 690.) A defendant is incompetent to stand trial if the defendant lacks the ability to rationally consult with defense counsel, or the

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defendant cannot understand the nature of the legal proceedings against him or her. (Ibid.) A defendant is presumed competent unless proven otherwise by a preponderance of the evidence by the party alleging incompetency. (People v. Blacksher (2011) 52 Cal.4th 769, 797.)

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