Does section 1367 of the Penal Code protect an incompetent defendant against unfair trial?

California, United States of America


The following excerpt is from Christiana v. Plotkin, B244862 (Cal. App. 2014):

defendant. "[T]he important function of [Penal Code] section 1367 et seq. [is] to safeguard an incompetent defendant against an unfair trial, despite his own belief in his competence." (Shephard v. Superior Court (1986) 180 Cal.App.3d 23, 32.)

Other Questions


Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
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)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (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)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Does section 264.2 of the California Penal Code deny defendant equal protection of the law because it singles out a particular type of rapist? (California, United States of America)
Can a prosecutor's error infect a trial with unfairness and invalidate a defendant's trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.