Legal Opinion

Tarantino v. Superior Court

California Court of Appeal

Decided May 27, 1975No. Civ. 36427PublishedCited by 45 opinions

1Opinion of the Court

Opinion

DRAPER, P. J .

Tarantino is charged with arson (Pen. Code, § 448a). At a hearing on pretrial motions held July 3, 1974, the trial judge expressed a doubt as to Tarantino’s present mental competence, i.e., whether he is able to “understand the nature of the proceedings taken against him and to assist counsel in the conduct of a defense in a rational manner.” (Pen. Code, § 1367.) The court suspended the criminal proceedings (Pen. Code, § 1368) and appointed two psychiatrists (Evid. Code, § 730) to examine petitioner and report to the court. Petitioner refused to be examined except in the…

2Cases cited4 opinions

  1. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  2. California v. ByersSupreme Court of the United States · 1971
  3. In Re SpencerCalifornia Supreme Court · 1965
  4. Byers v. Justice Court for Ukiah Judicial DistrictCalifornia Supreme Court · 1969

3Cited by45 opinions

  1. People v. WeaverCalifornia Supreme Court · 2001
  2. People v. WilliamsCalifornia Supreme Court · 1988
  3. People v. TaylorCalifornia Supreme Court · 2010
  4. People v. DunkleCalifornia Supreme Court · 2005
  5. Daly v. Superior CourtCalifornia Supreme Court · 1977

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