What is the test for determining whether a defendant is competent to stand trial at a capital sentencing hearing?

California, United States of America


The following excerpt is from People v. Garrigue, E051608 (Cal. App. 2011):

Defendant also relies on Estelle v. Smith (1981) 451 U.S. 454, 470-471 (Estelle), but as noted in Baumann, supra, 692 F.2d at page 578, the court in Estelle indicated that a routine presentence interview of an individual convicted of a noncapital offense, such as defendant, is not a critical stage of the proceedings. In Estelle, at pages 466-467, the trial court ordered an in-custody pretrial psychiatric examination of defendant to determine his competency to stand trial during a capital sentencing proceeding. The

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