California, United States of America
The following excerpt is from People v. Aynbinder, C065993 (Cal. App. 2012):
Defendant contends the delays attributable to the inquiries into his competence were not really for his benefit. He is wrong. An incompetent defendant has a due process right not to be tried (Medina v. California (1992) 505 U.S. 437, 453 [120 L.Ed.2d 353, 368]), and the section 1368 proceedings were initiated by the trial court, both times at the request of defense counsel, to protect this right. Although defendant was found competent after both hearings, there is no evidence of bad faith or negligence in his counsel's doubts about his competency that triggered both hearings. Defendant's argument incorrectly
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presumes his right to a speedy trial is the only right worth protecting.
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