Competency of Defendant Must Focus on the Defendant’s Present Abilities, As Opposed to the Possibility That the Relevant Abilities May Be Restored in the Future
September 19th, 2022
Under both the federal due process clause as interpreted by Dusky v. United States (1960) 362 U.S. 40, and Penal Code section 1367, a finding of incompetency does “not require a specific medical diagnosis drawn from the current version of the Diagnostic and Statistical Manual of Mental Disorders, [or] that the defendant’s mental disorder fit […]
Tags: CC 3451, Competency of Defendant
CALCRIM Revisions Effective October 1, 2021
October 12th, 2021
Effective 10/01/2021 CALCRIM revised instructions listed below. See https://jcc.legistar.com/View.ashx?M=F&ID=9785541&GUID=96E612F7-0BC9-43FE-814D-86F615957765 Number Title 336 In-Custody Informant 417 Liability for Coconspirators’ Acts 582 Involuntary Manslaughter: Failure to Perform Legal Duty–Murder Not Charged 625 Voluntary Intoxication: Effects on Homicide Crimes 775 Death Penalty: Mental Retardation 840 […]
Tags: CC 1001, CC 1015, CC 1016, CC 1030, CC 1031, CC 1201, CC 1215, CC 1243, CC 1244, CC 1807, CC 1930, CC 2045, CC 2100, CC 2200, CC 2656, CC 3185, CC 336, CC 3411, CC 3451, CC 417, CC 582, CC 625, CC 775, CC 840, CC 852A
Competence of Defendant: Improper Reference to “Mental Retardation”
September 15th, 2021
CC 3451 instructs that “mental retardation” is an example of a developmental disability. However, the legislature has removed from derogatory references to “mental retardation” and other such terms from the applicable statute. (PC 1367(a).) Accordingly, the term “mental retardation” as used in the final paragraph of the instruction should be replaced with the term “intellectual […]
Tags: CC 3451, Competency of Defendant
Present Mental Competence: Defendant Must Be Able to Both Consult With Counsel and Assist in Preparation of His or Her Defense
April 27th, 2021
The materials relating to the March 2021 CALCRIM revisions include a comment and request from attorney John T. Philipsborn regarding the failure of California judges “to provide an instruction on the definition of competence that squares with that set forth by the United States Supreme Court in two separate opinions” (See full text of the […]
Tags: CC 3451, Competency of Defendant
Judge’s Duty to Hold Competency Hearing
June 30th, 2020
Habeas relief was granted in In re Galaviz (2018) 23 Cal.App.5th 491, vacating defendant’s NGI commitment because the trial court failed to hold a competency hearing at the time of his trial. Defendant had initially been found incompetent but was restored to competency after being housed in the state hospital before trial, based on a […]
Tags: CC 3451, Competency of Defendant
Competency and Faretta Self Representation
June 20th, 2020
In In re Sims (2018) 27 Cal.App.5th 195 the defendant, an attorney with a pre-existing history of mental illness, was convicted of murdering her husband. Earlier in the proceedings, a doubt was declared about her competency, but the trial court found her competent and later allowed her to proceed in pro per. During the trial, […]
Tags: CC 3451, Competency of Defendant
Competency: (1) No Specific Medical Diagnosis Required (2) Ability to Both Understand Nature of Proceedings and Assist Counsel Is Required
June 10th, 2020
Under both the federal due process clause as interpreted by Dusky v. United States (1960) 362 U.S. 40, and Penal Code section 1367, a finding of incompetency does “not require a specific medical diagnosis drawn from the current version of the Diagnostic and Statistical Manual of Mental Disorders, [or] that the defendant’s mental disorder fit […]
Tags: CC 3451, Competency of Defendant
