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California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence
by David Reutter
The Supreme Court of California ruled that “when a formerly incompetent defendant has been restored to competence solely or primarily through administration of medication, evidence that the defendant is no longer taking his medication and is again exhibiting signs of incompetence” a “formal investigation before a trial ...
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More from this issue:
- News in Brief
- Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail, by Edward Lyon
- Police Not Required to Protect; Are They Required to Serve?, by Matthew Clarke
- Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’, by Douglas Ankney
- Deadly Force Mindset as Justifiable Defense Questioned, by Kevin Bliss
- L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees, by Dale Chappell
- Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional, by Dale Chappell
- Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional, by Douglas Ankney
- In Washington State, a Man’s Home Is No Longer His Castle, by Edward Lyon
- New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work, by Dale Chappell
- Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction, by Douglas Ankney
- D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation, by Matthew Clarke
- Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse, by Chad Marks
- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, by Douglas Ankney
- California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant, by Derek Gilna
- Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct, by Michael Berk
- Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional, by Douglas Ankney
- Fifth Circuit Rules Miscalculation of Guidelines Sentencing Range Plain Error That Merits Correction Even Though Not Raised by Defendant, by Chad Marks
- Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives, by Sagiv Galai
- Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges
- Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal, by Dale Chappell
- Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations
- Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA, by Douglas Ankney
- Legal Aid Society Counters NYC Police Misconduct With New Database
- Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State
- Second Circuit: Government’s Misleading Disclosure Warrants New Trial, by Douglas Ankney
- Facial Recognition Gives Police Easier Access to Cellphones, by Dale Chappell
- Why Brady Lists Still Don’t Work, by Douglas Ankney
- Abolishing the Death Penalty Leads to Decline in Murders, by Douglas Ankney
- Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim, by Douglas Ankney
- Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger, by Dale Chappell
- Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation, by Douglas Ankney
- Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional, by Douglas Ankney
- Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional, by Douglas Ankney
- First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing, by Douglas Ankney
- Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2, by David Reutter
- California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence, by David Reutter
- SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver, by Douglas Ankney
- California Governor Announces Moratorium on Capital Punishment, by Bill Barton
- Arrests Do Not Necessarily Represent Solved Crimes, by Edward Lyon
- Expert Report Urges Changes to Forensic Analysis in Courtrooms, by Dale Chappell
- Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight, by Kevin Bliss
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, by Dale Chappell, Brandon Sample
- Texas Misuses Privacy Law to Withhold In-Custody Death Information, by Edward Lyon
- Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants, by David Reutter
More from David Reutter:
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024
- Turn Key Health Clinics: Another Private Jail Medical Provider Leaving a Trail of Death and Misery, Sept. 15, 2024
- Competency Evaluation Ordered for Condemned Utah Prisoner, Sept. 15, 2024
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024
- $1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder, Sept. 15, 2024
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024
- $700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens, Sept. 15, 2024
- Watchdog Faults BOP for Averaging 43 Prisoner Deaths a Year—More Than 23 by Suicide, Sept. 15, 2024
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024
- Tenth Circuit Affirms Former Oklahoma Jail Captain’s 46-Month Sentence For Brutalizing Detainees, Sept. 15, 2024
More from these topics:
- Pilot Jail Diversion Program Opens for Mentally Ill Arrestees in Austin, Aug. 15, 2024. Advocacy, Mental Health.
- Federal Judge Calls BOP Brooklyn Lockup Too Deplorable to House Defendant, Aug. 15, 2024. Bail Bonds, Mental Health, Bureau of Prisons (BOP).
- Behavioral Health Experts Claim Head Movement While Speaking Indicator Whether Women Are Psychopathic, Aug. 15, 2024. Mental Health, Mental Health Experts.
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, Aug. 1, 2024. Alternative Sentencing, Mental Health, Probation, Parole & Supervised Release, Effects of Mass Incarceration.
- California Court of Appeal Explains Qualification for Mental Health Diversion Under Pen. Code § 1001.36, Rules Defendant Qualified for Pretrial Mental Health Diversion, July 15, 2024. Alternative Sentencing, Mental Health.
- $7 Million Settlement for Mentally Ill Detainee’s Death in California’s Santa Rita Jail, June 1, 2024. Medication, Private Contractors, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- Wyoming Supreme Court Grants Immunity to DOC in Prison COVID-19 Vaccine Mix-Up, May 1, 2024. Medication, COVID-19, Immunity/Liability.
- $32,000 Settlement for Failure to Provide Insulin to Diabetic Wisconsin Prisoner, May 1, 2024. Medication, Failure to Treat.
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024. Medication, Seizures, Failure to Treat, Deliberate Indifference.
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024. Medication, Statistics/Trends, Warrantless Searches.