What is the test for a defendant to be competent to stand trial?

California, United States of America


The following excerpt is from People v. Castillo, F071364 (Cal. App. 2017):

"At the same time, of course, '[e]ven when a defendant is competent at the commencement of his trial, a trial court must always be alert to circumstances suggesting a change that would render the accused unable to meet the standards of competence to stand trial.'" (People v. Mendoza (2016) 62 Cal.4th 856, 884-885 (Mendoza); accord, People v. Shiga (2016) 6 Cal.App.5th 22, 42 (Shiga).)

Other Questions


What is the test for a judge to order a second competency hearing for a defendant who has been found competent to stand trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What are the "magic words" required by the trial court to determine that a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial after a second competency hearing? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Is a defendant competent to stand trial after a second competency hearing? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial at a retrospective mental competency hearing? (California, United States of America)
What is the test for a jury to find a defendant competent to stand trial? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Is a defendant entitled to a full adversarial hearing on the issue of his competence to stand trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.