Mentally Disordered Offenders

Jay Leiderman
By: Jay Leiderman
August 19 2015

The trial court must advise an MDO of his or her right to a jury trial and obtain a personal waiver from the defendant unless the court finds the defendant is incompetent. (635) (538)
A trial court in mentally disordered offender proceedings under Penal Code section 2972, subd.(a), must advise the defendant personally of his or her right to a jury trial, and before holding a bench trial, must obtain a personal waiver of that right from the defendant unless the court finds substantial evidence that the defendant lacks the capacity to make a knowing and voluntary waiver, in which case defense counsel controls the waiver decision.
People v. Blackburn ____ Cal.4th ____, ____ Cal.Rptr.3d ____, 2015 D.A.R 9219 (2015) August 17, 2015 (S211078)

2 thoughts on “Mentally Disordered Offenders

  1. Jay,
    Could you sent a cryptic message on twitter saying something like, “working on it” concerning Thomas Retzlaff posting the naked photos of Britney? I imagine you are trying to do something? Please. And. Thank you.

    Please be advised the email and name is not my name and the email is not a real email, I am sure you know that. 😉

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