What is the test for determining whether a defendant's mental state has changed?
California, United States of America
The following excerpt is from People v. Deary-Smith, C080821 (Cal. App. 2019):
Once a hearing finding competence has been held, the trial court need not conduct a second hearing unless "it 'is presented with a substantial change of circumstances or with new evidence' casting a serious doubt on the validity of that finding." (People v. Lawley (2002) 27 Cal.4th 102, 136.) In determining whether the defendant's mental state has changed, the court may consider its own observations. (Ibid.)
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