Does a post hoc assessment of a person's mental state need to be conducted before the time of trial?
California, United States of America
The following excerpt is from People v. Hayes, A136366 (Cal. App. 2015):
20. See Drope, supra, 420 U.S. at p. 183 ("Given the inherent difficulties of such a nunc pro tunc determination under the most favorable circumstances [citations], we cannot conclude that such a procedure would be adequate here"); McMurtreys v. Ryan (9th Cir. 2008) 539 F.3d 1112, 1131-1132 (passage of time, lack of medical records and absence of doctor who assessed petitioner at time of trial prevented meaningful post hoc assessment of competency).
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