In Re Mary T.

People v. Mary T.

Good Law
176 Cal. App. 3d 38·1985 Cal. App. LEXIS 2920·221 Cal. Rptr. 364
Court of Appeal of CaliforniaDecember 20, 1985Civ. 24431California2,732 words

Opinion

Opinion

Gilbert, J.

Mary T. appeals from an order directing the initiation of civil commitment proceedings under the provisions of Penal Code section 4011.6 after the juvenile court found her incompetent and suspended proceedings under section 602. We shall affirm.

Facts

On July 23, 1984, Mary T., age 11, obtained a hammer and hit Angela L., on the head, killing her. Following the event Mary was placed in a juvenile detention facility.

A petition was filed with the juvenile court on July 25, 1984, alleging Mary came within the provisions of section 602 as a result of a violation of Penal Code section 187 (murder).

On July 26, 1984, the court ordered Mary detained for the protection of the minor and others.

On August 1, 1984, Mary’s counsel expressed a doubt as to her competence to face the juvenile court proceedings. On Mary’s motion, the court ordered the appointment of two psychiatrists, Dr. Stewart Teal and Dr. Ed Malewski, to evaluate the minor’s competency.

A hearing on the matter of the minor’s competency was held on August 14, 1984. At the outset of the hearing Mary’s counsel moved the court for a “preliminary hearing” before the present sanity proceedings to determine whether…

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