How have courts treated a motion of no confidence in a defendant's competency hearing?

California, United States of America


The following excerpt is from People v. Lawley, 115 Cal.Rptr.2d 614, 27 Cal.4th 102, 38 P.3d 461 (Cal. 2002):

We disagree. In People v. McPeters (1992) 2 Cal.4th 1148, 9 Cal.Rptr.2d 834, 832 P.2d 146 (McPeters), rejecting a similar claim where the trial court had employed a similar procedure in determining the defendant's competency, we noted: "Although defendant's counsel, for understandable reasons, elected to waive certain available incidents of the hearing procedure, i.e., the right to jury trial and the rights to present oral testimony and to confront and cross-examine witnesses, defendant presented evidence and received an independent judicial determination of his competence to stand trial based on the stipulated record." (Id. at p. 1169, 9 Cal. Rptr.2d 834, 832 P.2d 146.)

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