What is the test for determining whether a defendant is competent to assist in his own defense?

California, United States of America


The following excerpt is from People v. Welch, 20 Cal.4th 701, 85 Cal.Rptr.2d 203, 976 P.2d 754 (Cal. 1999):

The majority point to our statement in People v. Laudermilk (1967) 67 Cal.2d 272, 285, 61 Cal.Rptr. 644, 431 P.2d 228, that "more is required to raise a doubt [as to competency] than mere bizarre actions [citation] or bizarre statements [citation] or statements of defense counsel that defendant is incapable of cooperating in his defense [citation] or psychiatric testimony that defendant is immature, dangerous, psychopathic, or homicidal or such diagnosis with little reference to defendant's ability to assist in his own defense." In the present case, however, both the trial court's observations and the psychiatrist's and psychologist's conclusions were directly pertinent to defendant's "ability to assist in his own defense." Nor was this perceived inability based on defense counsel's statements, but on independent observations of defendant's actions.

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