Legal Opinion
James H. v. Superior Court
California Court of Appeal
Decided January 26, 1978No. Civ. 19283PublishedCited by 43 opinions
1Opinion of the Court
Opinion
GARDNER, P. J.
In this case we hold that in the absence of any statutory procedure for so doing the juvenile court has the inherent power to determine a minor’s mental competence to understand the nature of proceedings pending under Welfare and Institutions Code section 707, subdivision (b) and to assist counsel in a rational manner at that hearing.
Under Welfare and Institutions Code section 602, a petition had been filed in the juvenile court alleging that the minor, age 17, had committed forcible rape (Pen. Code, § 261, subd. 3). The real party in interest filed a notice of motion,…
2Cases cited15 opinions
- In Re GAULTSupreme Court of the United States · 1967
- Dusky v. United StatesSupreme Court of the United States · 1960
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- Kent v. United StatesSupreme Court of the United States · 1966
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- People v. StanleyCalifornia Supreme Court · 1995
- Walker v. Superior CourtCalifornia Supreme Court · 1991
- People v. DunkleCalifornia Supreme Court · 2005
- Riverside County Sheriff's Department v. StiglitzCalifornia Supreme Court · 2014
- Cottle v. Superior CourtCalifornia Court of Appeal · 1992
38 more not listed; retrieve them via the Exa API.