Legal Opinion
Hale v. Superior Court
California Supreme Court
Decided September 18, 1975No. S.F. 23287PublishedCited by 32 opinions
1Opinion of the Court
Opinion
CLARK, J.
The question presented by this case is whether section 1368.1, subdivision (a), of the Penal Code is unconstitutional insofar as it provides that a hearing into a felony defendant’s mental competency may not be held until an indictment or an information has been filed against him.
The question is raised by petition for writ of prohibition filed by a defendant charged by complaint with setting fire to a dwelling, a felony. (Pen. Code, §§ 17, subd. (a), 447a.) Certified to respondent superior court for a competency hearing, petitioner seeks to restrain respondent from conducting…
2Cases cited6 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Coleman v. AlabamaSupreme Court of the United States · 1970
- Jackson v. IndianaSupreme Court of the United States · 1972
- People v. Rincon-PinedaCalifornia Supreme Court · 1975
- In Re DavisCalifornia Supreme Court · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Conservatorship of HofferberCalifornia Supreme Court · 1980
- People v. Superior Court (Marks)California Supreme Court · 1991
- State v. HayesDistrict Court of Appeal of Florida · 1976
- Curry v. Superior CourtCalifornia Court of Appeal · 1977
- James H. v. Superior CourtCalifornia Court of Appeal · 1978
27 more not listed; retrieve them via the Exa API.