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. Jackson, 22 Cal.App.5th 374, 231 Cal.Rptr.3d 426 (Cal. App. 2018):

"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." ( People v. Rogers , supra , 39 Cal.4th at p. 847, 48 Cal.Rptr.3d 1, 141 P.3d 135 ; see also 1368.)

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