California, United States of America
The following excerpt is from People v. Flores, E050778 (Cal. App. 2011):
"As to who has the burden of proof on the question of the defendant's mental competence, section 1369, subdivision (f), states in part: 'It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent.' Thus, under California law, when a trial court 'prior to judgment' ( 1368, subd. (a)) suspends criminal proceedings and holds a mental competency hearing, it is the defendant who bears the burden of establishing lack of competence ( 1369, subd. (f); [citation.]" (People v. Ary (2011) 51 Cal.4th 510, 517518 (Ary).)
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.