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)

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