What is the test for determining whether a defendant is competent to stand trial?

California, United States of America


The following excerpt is from People v. Casillas, F068294 (Cal. App. 2015):

by the party challenging his or her competency. (People v. Blacksher (2011) 52 Cal.4th 769, 797; People v. Kaplan (2007) 149 Cal.App.4th 372, 382-383.)

Evidence of incompetence may emanate from several sources, including the defendant's demeanor, irrational behavior, and prior mental evaluations. A reviewing court gives great deference to the trial court's decision whether to hold a competency hearing. When there is less than substantial evidence, the trial court still has discretion to order a competency hearing. The trial court's decision whether to order a competency hearing is given great deference because the trial court has had the opportunity to observe the defendant during trial. (People v. Kaplan, supra, 149 Cal.App.4th at p. 383.)

Other Questions


What is the test for determining whether a defendant is competent to stand trial at a retrospective mental competency hearing? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial after a second competency hearing? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (California, United States of America)
What is the test for determining whether a defendant is competent to stand trial for assault? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.