Criminal,
Civil Rights,
California Courts of Appeal
Jun. 17, 2021
Long jail stays for incompetent defendants violates rights, panel says
The 1st District Court of Appeal also went a step further in its Tuesday ruling. It reversed Alameda County Superior Court Judge Winifred Y. Smith’s decision that her ruling did not apply to “defendants who have been charged with felony sex offenses.”
An appellate panel has upheld a lower court finding that prolonged jail detentions of defendants declared incompetent to stand trial because of psychiatric or intellectual disability violates their due process rights.
The 1st District Court of Appeal also went a step further in its Tuesday ruling. It reversed Alameda County Superior Court Judge Winifred Y. Smith's decision that her ruling did not apply to "defendants who have been c...
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Criminal Law and Procedure
Stiavetti v. Clendenin
Setting statewide constitutional deadline for commencing substantive services for incompetent to stand trial defendants was appropriate to remedy ongoing due process violations.
