What is the case law surrounding delay in bringing a defendant to trial due to incompetence?

California, United States of America


The following excerpt is from Carr v. Superior Court of Contra Costa Cnty., 11 Cal.App.5th 264, 217 Cal.Rptr.3d 375 (Cal. App. 2017):

Indeed, the case law surrounding delay in bringing a defendant to trial due to incompetence has historically focused on the unfairness and possible harm that results from prolonged or indefinite commitment and the state's interest in bringing a defendant to trial with minimal delay. (See Jackson v. Indiana (1972) 406 U.S. 715, 92 S.Ct. 1845, 32 L.Ed.2d 435 ;

[11 Cal.App.5th 271]

Other Questions


Can a defendant bring a motion for habeas corpus against the Attorney General for failing to object to the unreasonable delay in bringing the case to trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does the fact that appellant was found incompetent after the trial not establish that he was incompetent during the trial, but does not establish he was competent at the time of trial? (California, United States of America)
Does defendant fail to show grounds for reversal of a finding that a delay in extraditing defendant to stand trial was justified? (California, United States of America)
Can a defendant bring a motion for a continuance on the basis of incompetent trial counsel? (California, United States of America)
In what circumstances can a defendant bring a motion for a new trial based on incompetence? (California, United States of America)
Can a defendant bring a motion for a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)
Is there any case law where a defendant's trial counsel was incompetent for not arguing at trial that the prosecutor's decision to seek the death penalty was based on a lack of guidelines in the district attorney's office? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.