California, United States of America
The following excerpt is from People v. Rodas, 239 Cal.Rptr.3d 814, 429 P.3d 1122, 6 Cal.5th 219 (Cal. 2018):
This rule does not, however, alter or displace the basic constitutional requirement of Pate , supra , 383 U.S. at pages 385 to 386, 86 S.Ct. 836, and People v. Pennington , supra , 66 Cal.2d at page 518, 58 Cal.Rptr. 374, 426 P.2d 942, which require the court to suspend criminal proceedings and conduct a competence hearing upon receipt of substantial evidence of incompetence even if other information points toward competence. The effect of the Jones rule is simply to make clear that the duty to suspend is not triggered by information that substantially duplicates evidence already considered at an earlier, formal inquiry into the defendants competence; when faced with evidence of relatively
[239 Cal.Rptr.3d 826]
minor changes in the
[6 Cal.5th 235]
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