Is there any case law supporting the argument that a defendant has been found mentally incompetent?

California, United States of America


The following excerpt is from People v. Johnson, 21 Cal.App.5th 267, 230 Cal.Rptr.3d 247 (Cal. App. 2018):

And in People v. Howard (1992) 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315, the defendant pointed to two incidents he believed constituted substantial evidence of incompetencean inflammation in the eyes and his agitation about jail conditions. ( Id . at p. 1162, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) "The circumstances underlying defendant's motion for a continuance indicated that he needed medical attention, and those underlying his motion for a mistrial indicated that the conditions of his confinement were unsatisfactory. However, nothing about either incident remotely suggested that he was mentally incompetent. Thus, the court was not required to order a hearing." ( Id . at p. 1163, 5 Cal.Rptr.2d 268, 824 P.2d 1315.) Whereas the evidence in Howard involved only a physical ailment expected to heal and a dissatisfaction with his prison conditions he clearly, even if angrily, articulated, here the evidence presented to the trial court suggested a much

[21 Cal.App.5th 280]

more amorphous and debilitating mental condition which became an obstacle to defendant's ability to assist in his defense.

Other Questions


Can a defendant be found mentally incompetent to stand trial? (California, United States of America)
Does the Attorney General have any grounds to argue that a section 24 instruction in a mental health case was read as precluding evidence of mental retardation to support evidence of incompetency? (California, United States of America)
Can a defendant be found mentally incompetent to stand trial? (California, United States of America)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
What is the test for a defendant to be found incompetent at a mental health hearing? (California, United States of America)
Can a defendant be found mentally incompetent to stand trial? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is there any case law supporting the argument that a defendant's mental state was not sufficient to convict him of attempted murder? (California, United States of America)
Does section 28 and 29 of the Mental Health Act prohibit a defendant from presenting evidence in support of his mental state defense? (California, United States of America)
Can a mentally incompetent defendant defend himself in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.