What is the test for determining whether a defendant has been found competent to stand trial?
MultiRegion, United States of America
The following excerpt is from Morris v. United States, 414 F.2d 258 (9th Cir. 1969):
Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960), on an appeal from a conviction spoke of the "difficulties of retrospectively determining the petitioner's competency as of more than a year ago" and remanded to the district court for a hearing "to ascertain petitioner's competency to stand trial, and for a new trial if petitioner is found competent". Id. p. 403, 80 S.Ct. p. 789.
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