Does a history of serious mental illness constitute substantial evidence of incompetence?
California, United States of America
The following excerpt is from People v. Rahad, A150434 (Cal. App. 2018):
Moreover, even a history of serious mental illness does not necessarily constitute substantial evidence of incompetence that would require a court to declare a doubt concerning a defendant's competence and to conduct a hearing on that issue. (See, e.g., People v. Ramos (2004) 34 Cal.4th 494, 508 [defendant must exhibit more than a preexisting psychiatric condition to be entitled to a competency hearing].) In Ramos, our
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