What is the test for determining whether an expert can be found competent to provide evidence in a mental health case?

California, United States of America


The following excerpt is from People v. Hardy, E060163 (Cal. App. 2015):

"We review a trial court's determination of competency for substantial evidence, viewing the evidence in the light most favorable to that determination." (People v. Kirvin, supra, 231 Cal.App.4th at p. 1514.) "It is 'not the role of this court to redetermine the credibility of experts or to reweigh the relative strength of their conclusions.'" (Ibid.) Additionally, "a single witness may establish any fact." (Ibid.)

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