What is the test for a finding of competence in a mental health case?

California, United States of America


The following excerpt is from People v. Buenrostro, 240 Cal.Rptr.3d 704, 430 P.3d 1179, 6 Cal.5th 367 (Cal. 2018):

competency hearing is required only if the evidence discloses a substantial change of circumstances or new evidence is presented casting serious doubt on the validity of the prior finding of the defendants competence. " ( People v. Leonard (2007) 40 Cal.4th 1370, 1415, 58 Cal.Rptr.3d 368, 157 P.3d 973, quoting Medina II , supra , 11 Cal.4th at p. 734, 47 Cal.Rptr.2d 165, 906 P.2d 2 ; see also People v. Jones (1991) 53 Cal.3d 1115, 1153, 282 Cal.Rptr. 465, 811 P.2d 757.) "More is required than just bizarre actions or statements by the defendant to raise a doubt of competency" (

[6 Cal.5th 410]

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