8.10.5 Competency Standard

LibraryCriminal Procedure in Practice (ABA) (2018 Ed.)

8.10.5 Competency Standard

A defendant must be competent to plead guilty. The standard for competency to plead guilty is the same as that for competency to stand trial.101 The defendant must have "sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding— and . . . [have] a rational as well as a factual understanding of the proceedings against him."102


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Notes:

[101] . See Godinez v. Moran, 509 U.S. 389, 398 (1993) (" [W]e reject the notion that competence...

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