What is considered to be a mentally incompetent defendant?

California, United States of America


The following excerpt is from People v. Kendall, F060907 (Cal. App. 2012):

"'A defendant is mentally incompetent if, as a result of a mental disorder or developmental disability, he or she is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner.' [Citation.]" (People v. Koontz, supra, 27 Cal.4th at p. 1063.) Evidence is substantial if it raises a reasonable or bona fide doubt concerning the accused's competence to stand trial. (Id. at pp. 1063-1064.) "Substantial evidence of incompetence may arise from separate

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