What is the test for a jury to find a defense incompetent?

California, United States of America


The following excerpt is from People v. Marks, 2 Cal.Rptr.3d 252, 31 Cal.4th 197, 72 P.3d 1222 (Cal. 2003):

Defendant contends insufficient evidence supports the jury's finding.3 He relies on People v. Samuel (1981) 29 Cal.3d 489, 174 Cal.Rptr. 684, 629 P.2d 485 (Samuel ), where the defense "presented an impressive array of evidence" demonstrating incompetence. (Id. at p. 497, 174 Cal.Rptr. 684, 629 P.2d 485.) We further found that neither of the People's witnesses contradicted any of the defense testimony. (Id. at p. 498, 174 Cal.Rptr. 684, 629 P.2d 485.) We find Samuel distinguishable from this case.

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