Can a jury overturn a finding of competence by a jury that found a defendant incompetent to stand trial?

California, United States of America


The following excerpt is from People v. Duckett, 162 Cal.App.3d 1115, 209 Cal.Rptr. 96 (Cal. App. 1984):

However, in People v. Samuel (1981) 29 Cal.3d 489, 174 Cal.Rptr. 684, 629 P.2d 485 the court held that a jury could not reasonably have rejected "persuasive and virtually uncontradicted" evidence proving defendant's incompetence to stand trial, and set aside the jury's finding of competence.

Page 100

Other Questions


Does the fact that appellant was found incompetent after the trial not establish that he was incompetent during the trial, but does not establish he was competent at the time of trial? (California, United States of America)
What is the test for a judge to order a second competency hearing for a defendant who has been found competent to stand trial? (California, United States of America)
Is a defendant competent to stand trial even if his counsel seeks a finding of incompetence? (California, United States of America)
Can a finding of incompetence be used to determine whether a defendant is competent to stand trial? (California, United States of America)
What is the legal test for overturning a judgment of conviction where a defendant is found incompetent to stand trial? (California, United States of America)
Under what circumstances can a defendant be found competent to stand trial? (California, United States of America)
In what circumstances will a defendant be found competent to stand trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (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 overturning a finding that a defendant has been found guilty of a charge of sexual assault against two different defendants? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.