What is the burden of establishing mental incompetence in a mental health case?
MultiRegion, United States of America
The following excerpt is from Bemore v. Chappell, CASE NO. 08cv0311 LAB (WVG) (S.D. Cal. 2012):
(1966)); see also United States v. Lewis, 991 F.2d 524, 527 (9th Cir. 1993). The burden of establishing mental incompetence rests with the petitioner. Boag v. Raines, 769 F.2d 1341, 1343 (9th Cir. 1985).
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