California, United States of America
The following excerpt is from People v. James, B283547 (Cal. App. 2018):
that counsel's asserted lack of diligence amounted to a denial of effective assistance of counsel." (People v. Montiel (1985) 39 Cal.3d 910, 923.) The trial court did not abuse its discretion.
"A defendant who, as a result of mental disorder or developmental disability, is 'unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner,' is incompetent to stand trial. ( 1367.) When the accused presents substantial evidence of incompetence, due process requires that the trial court conduct a full competency hearing. [Citation.] Evidence is 'substantial' if it raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] The court's duty to conduct a competency hearing arises when such evidence is presented at any time 'prior to judgment.' [Citations.]" (People v. Jones (1991) 53 Cal.3d 1115, 1152-1153 (Jones); see also People v. Frye (1998) 18 Cal.4th 894, 951-952.)
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