What is the duty of a judge to suspend trial proceedings and conduct a competency hearing?

California, United States of America


The following excerpt is from People v. Perez, A131866 (Cal. App. 2012):

"Both federal due process and state law require a trial judge to suspend trial proceedings and conduct a competency hearing whenever the court is presented with substantial evidence of incompetence, that is, evidence that raises a reasonable or bona fide doubt concerning the defendant's competence to stand trial. [Citations.] The court's duty to conduct a competency hearing may arise at any time prior to judgment. [Citation.] Evidence of incompetence may emanate from several sources, including the defendant's demeanor, irrational behavior, and prior mental evaluations. [Citations.]" (People v. Rogers (2006) 39 Cal.4th 826, 847.)

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