[Download] "Ecc Construction" by In the Court of Appeal of the State of California Second Appellate District Division One ~ eBook PDF Kindle ePub Free
eBook details
- Title: Ecc Construction
- Author : In the Court of Appeal of the State of California Second Appellate District Division One
- Release Date : January 29, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
While proceedings are pending to determine "if, as a result of mental disorder or developmental disability, the defendant is unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner" (Pen. Code, § 1367, subd. (a)), can a courts refusal to hear the defendants Marsden motion require the reviewing court to reverse the judgment and grant a new trial? On the facts here, we will answer that question in the affirmative and will reverse the judgment, remand the matter, and order a new trial with directions.
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