Is a defendant competent to stand trial for assault?
California, United States of America
The following excerpt is from People v. Welch, 20 Cal.4th 701, 85 Cal.Rptr.2d 203, 976 P.2d 754 (Cal. 1999):
Defendant, citing Ake v. Oklahoma (1985) 470 U.S. 68, 82-83, 105 S.Ct. 1087, 84 L.Ed.2d 53 [requiring that access to psychiatric assistance be provided to indigent defendants upon a threshold showing that it will be necessary for an adequate defense or that insanity will be an issue], urges that the failure to offer psychiatric evidence of defendant's incompetence denied him his constitutional
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