What is the test for a defendant who, as a result of a mental disorder or developmental disability, is incompetent to stand trial?
California, United States of America
The following excerpt is from People v. Kelly, 1 Cal.4th 495, 3 Cal.Rptr.2d 677, 822 P.2d 385 (Cal. 1992):
"A defendant who, as a result of mental disorder or developmental disability, is 'unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner,' is incompetent to stand trial. ( 1367.) When the accused presents substantial evidence of incompetence, due process requires that the trial court conduct a full competency hearing. (People v. Stankewitz
Page 704
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