Legal Question in Criminal Law in California

reversal of competency hearing

If someone is deemed mentally competent to stand trial, is then convicted of first degree murder, and then 6 years later a federal appeals court agrees that there was too much time between the competency hearing and the trial itself (and that there was much evidence of incompetency during the trial) and thus agrees that there should be another evidenciary hearing about the issue of competency, what then happens to the murder conviction?


Asked on 4/08/05, 9:15 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: reversal of competency hearing

If the court determines that he was incompetent at the time of the trial the conviction would most probably be sed aside. However, he would then be sent to a locked state mental hospital until he was determined to be compentent to stand trial.

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Answered on 4/11/05, 2:31 am


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