Retrospective Competency Hearing In California

In People v. Robinson (2007) 151 Cal.App.4th 606, the Court quoted approvingly from a federal appellate decision summarizing exactly how a retrospective competency hearing is determined to be feasible: "'Four factors are considered in assessing whether a meaningful retrospective competency determination can be made consistent with a defendant's due process rights: "(1) the passage of time; (2) the availability of contemporaneous medical evidence, including medical records and prior competency determinations; (3) any statements by the defendant in the trial record; (4) the availability of individuals and trial witnesses, both experts and non-experts, who were in a position to interact with defendant before and during trial." ' " (151 Cal.App.4th at p. 617.)