What is the test for determining whether a defendant is competent to commit acts of murder, forced oral copulation and rape?

California, United States of America


The following excerpt is from People v. Grant, 248 Cal.Rptr. 444, 45 Cal.3d 829, 755 P.2d 894 (Cal. 1988):

Although defendant's acts of murder, forced oral copulation, and rape were unquestionably brutal, they do not as a matter of law evince a "delusional flair" that compels the court to initiate an investigation into competence. [45 Cal.3d 859] As we observed in People v. Laudermilk (1967) 67 Cal.2d 272, 285, 61 Cal.Rptr. 644, 431 P.2d 228, "under the substantial evidence test ... more is required to raise a doubt 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 [citation]."

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