Legal Opinion
People v. Mixon
California Court of Appeal
Decided November 27, 1990No. B036192PublishedCited by 29 opinions
1Opinion of the Court
Opinion
WOODS (Fred), J.
We hold that when a defendant challenges a certification that he has regained mental competence (Pen. Code,1 § 1372, subd. (a)(1)) and demands a hearing (§ 1372, subd. (c)), the section 1369, subdivision (f) presumption (“It shall be presumed that the defendant is mentally competent unless it is proved by a preponderance of the evidence that the defendant is mentally incompetent”) applies at that hearing.
Procedural and Factual Background
In May 1984 defendant was charged with attempted murder (§§ 664/187), forcible rape (2 counts, § 261, subd. (2)), forcible oral…
2Cases cited35 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Pate v. RobinsonSupreme Court of the United States · 1966
- Patterson v. New YorkSupreme Court of the United States · 1977
- Drope v. MissouriSupreme Court of the United States · 1975
- Martin v. OhioSupreme Court of the United States · 1987
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3Cited by29 opinions
- People v. SakariasCalifornia Supreme Court · 2000
- In Re ParkerCalifornia Court of Appeal · 1998
- People v. PenaCalifornia Court of Appeal · 1992
- People v. CortesCalifornia Court of Appeal · 1999
- People v. RodasCalifornia Supreme Court · 2018
24 more not listed; retrieve them via the Exa API.