What is the current state's position on whether a defendant with severe mental illness should be represented by counsel at trial?

California, United States of America


The following excerpt is from People v. Weir, D065064 (Cal. App. 2015):

8. We are aware our high court has held that the Constitution does not prohibit states from insisting upon representation by counsel for those competent enough to stand trial, but who suffer from severe mental illness to the point where they are not competent to conduct trial proceedings. (Indiana v. Edwards (2008) 554 U.S. 164.) However, our reading of the record simply does not suggest the trial judge here focused on any severe mental illness of Weir that prevented him from ably representing himself.

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