People v. Melissakis

In People v. Melissakis (1976) 56 Cal. App. 3d 52, two doctors who had each expressed an opinion at defendant's competency hearing that the defendant had the mental capacity to stand trial, changed their opinion following defendant's testimony at trial. (Id. at p. 61.) Based on that testimony, both doctors concluded that the defendant had a serious mental illness. (Ibid.) (Apparently prior to that time, the defendant had refused to comment on any of the events leading up to or surrounding the shooting.) The trial court was aware that these two doctors had changed their opinions but nevertheless did not inquire into the defendant's then-present sanity. The appellate court found this omission to be error. (Ibid.)