What is the difference between the state law standard for determining incompetency under Section 1367 and the federal due process standard?

California, United States of America


The following excerpt is from People v. Marbley, E059998 (Cal. App. 2015):

Defendant claims the state law standard for determining incompetency under section 1367 "[i]s [t]oo [n]arrow" because it "requires a specific diagnosed [mental] disorder or disability," while the federal due process standard "allows for a finding of incompetency based on apparent competency issues not falling under a particular, specified diagnosis." We disagree. (See People v. Halvorsen, supra, 42 Cal.4th at p. 401 [noting that the standards for determining competency under 1367 and the 14th Amend. are "similar"].) Defendant cites no authority, and we have found none, supporting the proposition that the standard for determining competency under section 1367 impermissibly narrows the federal due process standard.

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