California, United States of America
The following excerpt is from People v. Faircloth, D069509 (Cal. App. 2017):
stand trial deprives him [or her] of his [or her] due process right to a fair trial.' " (People v. Jenan (2007) 148 Cal.App.4th 1144, 1165; Pate v. Robinson (1966) 383 U.S. 375, 385; People v. Mai (2013) 57 Cal.4th 986, 1032 (Mai).) A defendant is presently incompetent if "as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner." ( 1367, subd. (a).) If a judge expresses doubt as to a defendant's mental competency, the judge must suspend proceedings and order a competency examination. ( 1368, subds. (a), (c).)
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