May 25, 2023 – McKneely v. Superior Court (1st Dist., Div. 2, A166307)

PC 1372 governs the procedure for determining whether a criminal defendant’s competency has been restored following a finding of incompetency under PC 1370. The Court of Appeal holds that PC 1372(c)(2)’s requirement that a trial court’s rejection of a certificate of restoration of competency be based on a written evaluation by a licensed psychologist or psychiatrist is constitutional, where the court refused to reject the restoration certificate based solely on trial counsel’s declaration. The requirement that an expert be appointed to evaluate the defendant does not violate separation of powers or due process principles.

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