California, United States of America
The following excerpt is from People v. Roberts, A160419 (Cal. App. 2021):
A defendant is competent to stand trial or enter a plea when she possesses a " 'sufficient present ability to consult with [her] lawyer with a reasonable degree of rational understanding . . . [and] a rational as well as factual understanding of the proceedings against [her].' " (Dusky v. United
Page 6
States (1960) 362 U.S. 402, 402.) It is well-established that a defendant who is unable to understand the nature of the criminal proceedings or to assist counsel in conducting a defense in a rational manner is incompetent to stand trial. ( 1367.)3 Due process requires a trial court to conduct a hearing, sua sponte, " 'whenever the court is presented with substantial evidence of incompetence.' " (People v. Ghobrial (2018) 5 Cal.5th 250, 269 (Ghobrial); 1368.) That is evidence that raises a reasonable doubt as to the defendant's competence to stand trial. (Ghobrial, at p. 269.) "[T]he evidence must bear on the defendant's competency to [enter a plea], rather than simply establish the existence of a mental illness that could conceivably affect his ability to understand the proceedings or assist counsel. [Citation.] '[M]ore is required to raise a doubt than mere bizarre actions [citation] or bizarre statements . . . .' " (Id. at p. 270; Id. at p. 271 [" '[E]ven a history of serious mental illness does not necessarily constitute substantial evidence of incompetence that would require a court to declare a doubt.' "].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.