On Thursday, a Fresno County Superior Court Judge suspended proceedings in the murder case of a group home manager. The allegation in the case is that Jerry White, a resident of a group home located near Palm and Shields in Fresno, California, used a knife to murder the group home manager running the facility approximately three years ago. At this time, this murder was a highly publicized and shocking occurrence.
Mr. White has had several court hearings, and on Thursday, his lawyer requested that the court appoint two independent doctors to examine Mr. White to find out if he is able to stand trial. The court followed Mr. White's attorney's request and appointed the doctors who will visit Mr. White and conduct an examination to determine if he is competent to stand trial in this matter.
The rules governing competency can be found in Penal Code sections 1368 et seq. The court's appoint doctors to determine if a defendant understands the nature of the proceedings that are being conducted. Part of this examination is to make sure the defendant understands his role, the role of his attorney, the role of the prosecutor and judge, and the role of the jury. Even though a person may have mental disabilities, they can still be found to be mentally competent. Believe it or not, a person is even entitled to a jury trial on the issue of competency. So a person can have a jury trial just to determine if they understand what's going on in order to have the first trial.
It is important to understand that a defendant can only be confined a reasonable period of time to restore them to competency. The due process clause of the United States Constitution prohibits a longer period of confinement. (Jackson v. Indiana (1972) 406 U.S. 715.) In addition, California limits the maximum confinement to establish competency to three years or less. (Penal Code section 1370(c)(1). However, a person confined to a State mental hospital to restore competency does get credit for any amount of time they actually serve, even if they received outpatient treatment. (Penal Code ยง 1375.5.) An important point to remember, however, is that a defendant who is committed does not receive credit for good-time credits. (People v. Waterman (1986) 42 Cal.3d 565.)
If you have a relative or loved one who is facing charges and there is a question about his or her mental competency, the best thing you can do is hire a qualified and experienced Fresno Criminal Attorney to defend their case and make sure their rights are preserved.
