California, United States of America
The following excerpt is from T.B. v. O.B. (In re O.B.), 272 Cal.Rptr.3d 215 (Cal. App. 2020):
We reject appellant's assertion that "[t]he fact that the trial court observed [appellant] - who was sitting right in front of him - over a ten month period [citation], proves nothing." The court's personal observations of appellant contribute to the substantial evidence in support of its findings. (See People v. Rodas (2018) 6 Cal.5th 219, 234, 239 Cal.Rptr.3d 814, 429 P.3d 1122 ["when a competency hearing has already been held, [in determining whether to conduct a second competency hearing] the trial court may appropriately take its personal observations into account in determining whether there has been some significant change in the defendant's mental state, particularly if the defendant has actively participated in the trial and the trial court has had the opportunity to observe and converse with the defendant"].) The probate court had the opportunity to observe and converse with appellant. (See also People v. Fairbank (1997) 16 Cal.4th 1223, 1254, 69 Cal.Rptr.2d 784, 947 P.2d 1321 ["substantial evidence, including the trial court's own observations of defendant, supports the court's factual determination that defendant was not intoxicated at the time he entered his guilty plea and that his plea was knowing, intelligent, and voluntary"].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.