California Competence Mental Restoration Murder Hearing Burden-of-proof Preponderance Recovery Lawyers Attorneys

Last Updated on Wednesday, 26 October 2011 10:21 Written by Natural Health Team Wednesday, 26 October 2011 10:21

Health Information about California Competence Mental Restoration Murder Hearing Burden-of-proof Preponderance Recovery Lawyers Attorneys

THE PEOPLE, Plaintiff and Respondent, v. JUANCHO LOPEZ RELLS, Defendant and Appellant.
SUPREME COURT OF CALIFORNIA
May 1, 2000, Decided

Criminal appellant was charged with murder and entered a plea of not guilty due to insanity. He was determined incompetent to stand trial and was placed in a mental institution. He was later deemed to have regained his competency and was brought to the trial court for his re-competency hearing. The lower court deemed him competent. At his criminal trial, the trial court found defendant sane, found him guilty of three first degree murders and of burglary, and sentenced him to a total term in prison of 25 years to life. After he was found guilty of murder, he appealed the burden placed on him at his regaining of competency hearing to prove his incompetency by a preponderance of the evidence.

Issues:

Whether Penal Code section 1372 establishes a presumption that the defendant is mentally competent unless he is proved by a preponderance of the evidence to be otherwise?

Observation and Holding:

The court observed that Penal Code section 1372 provides that, “[i]f” the specified mental health official “determines that the defendant has regained mental competence,” he “shall . . . fil[e] a certificate of restoration” thereto. ( Pen. Code, § 1372, subd. (a)(1).) It also provides that the defendant must then be “returned to . . . court” “for further proceedings.” (Id., § 1372, subd. (a)(2).) It further provides that the “court shall notify” one of certain specified mental health officials, “as appropriate, of the date of any hearing on the defendant’s [mental] competence and whether or not the defendant was found by the court to have recovered [mental] competence.” (Id., § 1372, subd. (c).) It does not, however, set forth procedures for a hearing on the defendant’s recovery of mental competence identical to those for a trial of his mental competence in the first place. Indeed, it does not set forth any such procedures whatsoever. Thus, for a trial of a defendant’s mental competence, Penal Code section 1369 establishes, expressly, a presumption that the defendant is mentally competent unless he is proved by a preponderance of the evidence to be otherwise. This presumption is applicable as well at a retrial of the defendant’s mental competence, which is mandatory when the defendant has been committed for 18 months and remains so without a certificate of restoration to mental competence filed by a specified mental health official, in spite of the fact that it is inconsistent with his apparent nonrecovery of mental competence. Therefore, in our view, this presumption should be understood to be applicable at a hearing on the defendant’s recovery of mental competence, where it conforms in fact with the certificate of restoration filed by the specified mental health official. As stated, whereas Penal Code section 1369 sets forth procedures for a trial of a defendant’s mental competence, Penal Code section 1372 does not do so for a hearing on the defendant’s recovery of mental competence. With respect at least to the presumption in question, Penal Code section 1372 allows its gap to be filled by Penal Code section 1369.

The court further held that on the merits, the Court of Appeal was right to conclude that the holding of the Mixon majority was sound. By submitting the question of his recovery of mental competence on the certificate of restoration to mental competence filed by the acting medical director of Patton State Hospital and the accompanying report, he must be understood either to have claimed that he was mentally incompetent, in which case the burden of proof properly rested on his shoulders, or to have claimed that he was mentally competent, in which case the burden of proof did not come into play at all. In neither case does error appear.

For the reasons stated above, the court affirmed the judgment of the Court of Appeal.

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content

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Congress Summons California Health Insurance Executives

Last Updated on Wednesday, 19 October 2011 11:27 Written by Natural Health Team Wednesday, 19 October 2011 11:27

Health Information about Congress Summons California Health Insurance Executives

Congress is scrutinizing Health Insurance for California by challenging the reasons that prevent many people from obtaining health care coverage. When the largest health insurance company in the U.S. (WellPoint, Inc.) proposed raising monthly premiums by up to 39 percent in California, Congress summoned WellPoint chief executives. WellPoint postponed its premium increases until May 1st 2010, and California’s insurance commissioner will decide whether to allow the increases.

In short order, Congress expanded investigation of Health Insurance in California to look at coverage being refused and medical claims being denied as “preexisting conditions.” Chief executives from three more of the country’s largest for-profit health insurers (Aetna, Humana, and UnitedHealth Group) were summoned to appear before the House Committee on Energy and Commerce and its investigations subcommittee on March 23rd.

Congress asked the companies to provide internal documents and e-mails about guidelines, practices, and underwriting policies for the last five years. These companies have been asked to show average premiums and increases, as well as maternity coverage for individuals by March 12th. These four companies sell health insurance policies for individuals to approximately 17 million Americans without health coverage from work.

Need for Maternity Coverage in California Health Insurance Plans

Looking at maternity coverage is important because woman ages 18 to 29 are the most likely group in the U.S. to lack health insurance. With just 59 percent of these women having health insurance through an employer, these young women comprise the group that is least likely to have health insurance from work. One-fourth of these women have no health insurance at all, yet 3.5 million pregnancies occur among the 21 million women who are ages 19 to 29 each year.

As in third-world countries, lack of health care hits babies the hardest. Uninsured pregnant women are 60 percent more apt to delay prenatal care, three times more likely to suffer adverse outcomes, and their babies are 30 percent more likely to die.

Lower California Health Insurance Rates Found by Independent Agents

Premiums and benefits vary greatly between insurance companies. Even insurance companies that are raising premiums, may have alternative plans with higher deductibles and lower premiums.

Look for Websites that compare plans and offer California Health Insurance Quotes from a range of companies to get a feel for benefits and prices. Independent agents (those who work with many different insurance companies) may know which insurers have more lenient underwriting for people with back problems, for instance. Independent agents can also appeal if you are denied coverage, or are assessed a higher rate because you have pre-existing conditions.

Compare California Health Insurance Plans to Get the Most for Your Money

When comparing policies look at the annual deductible, the percentage you pay for a medical service after a deductible is met (coinsurance), and the annual out-of-pocket maximum. That maximum is how much you have to spend on co-pays, coinsurance, and other costs before the insurance company covers any expenses for the year.

Check whether doctor visits are covered, and whether hospital stays have limited coverage. Look at which doctors and hospitals are in-network, too. Some individual plans exclude maternity coverage, but separate policies deal specifically with maternity and prenatal care.

If you aren’t taking prescription drugs, you can save by eliminating that coverage. If you are using prescription medications, research the cost of buying through discount drug programs at King Soopers, Wal-Mart, or other large chains.

Be careful about letting coverage lapse while you’re looking for a better policy. Events during a coverage lapse might make you ineligible for coverage. For example, insurance companies may not cover birth or prenatal care if there has been a gap in coverage.

More Help for Maternal and Child Services

Maternal and child services are also available for women with low incomes who are pregnant, and have children under the age of 22. A program called Women, Infants and Children (WIC) provides education about nutrition and child care for woman with low incomes, woman who are breastfeeding, and postpartum women. WIC also provides health coverage for children under five.

Even if you do not qualify for the above programs, you may still have access to care through free clinics, prescription drug assistance plans, or temporary state insurance. Your best bet may be to educate yourself about how health care insurance works, and find an independent agent that will take the time to listen to your needs and help you navigate the insurance jungle.

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The Secret Is Out: Eat Well, Live Well – HEALTHLIFESOURCE.COM

Last Updated on Sunday, 1 August 2010 08:00 Written by Natural Health Team Saturday, 3 October 2009 12:30

The Secret Is Out: Eat Well, Live Well WCBS-TV New York You can kick-start a healthy diet with brightly colored fruits and vegetables. Things like eggplant, broccoli, pomegranates and berries are rich in …

Swine Flu FAQ

Last Updated on Sunday, 1 August 2010 07:57 Written by Natural Health Team Sunday, 27 September 2009 02:07

WHO Swine Flu Level 5?When was the last time, before today, the WHO declared a stratum 5 pandemic? – Swine flu on the 70′s. . . not bird flu or SARS even, i don’t know either should panicked or calm down! Where did the swine flu spring from?It cant just appear out of nowhere. . so where did it come from? people are pretty sure it come from this pig factory place north of mexico city; a 5-year-old near the place was the first to get it – I kno. . . Who else think the Swine Flu is really Exciting?This is fun to watch and i am getting a thrill watching this happen. This is exciting to watch the madness on tv. I feel like I am watching a sci fi thriller, but its better then a movie – Oh yes. There be a case. . . Why did yesterday’s word influence that two ancestors died surrounded by california of swine flu?But today’s news says that the first death from swine flu is a toddler? yes, i hear this too on the news y day, when i said to a friend about the 2 death he was very surprised as he had not. . . Did you guys hear that the reptilian humanoids are the motive of swine flu. ?These shape shifters have come from the 12th planet riding from the sky on fire clouds to retell us secrets of the 12th planet beside multiple personality disorders. – Your an idiot! Ok, the swine flu is similar to every other flu?The ONLY difference is the lack of a vaccine. Now, do you people who are freaking out right now EVER take vaccinated for the regular flu? Probably not. This flu is NOTHING different, other than there is no vaccine due to its swine and human. . . Is it true that an atheist be the first to come surrounded by contact near the swine flu virus? Yes, and God flooded the Mississippi river last year because we allowed homosexuals in the military. In fact, the first specified victim of the h1n1 flu, was a 5 year old boy, who have recovered. – Mexico is 90% Christian. . . . Can The Swine Flu Be Vaccinated?i’m just curious of whether they will have trouble making a vaccination for it. also if you grasp this flu once and recover is it possible to contract it again?thanks to all who answer – I’ve researched that they are going to release a swine flu. . . I’m Scared ( Swine Flu?I live in Michigan there has be reports of swine flu in New york and ohio. Could this possibly spread human to human all the way to Michigan. ? the medium has a way of scary citizens and if you listen to everything. . . Swine flu and flying hindmost to the US from Mexico?So Im here in mexico and all public transportation in or out of mexico city is suspended until this swine flu outbreak is taken carefulness of. The only way i have to return with to the airport until saturday is the bus but we cant. . . can the swine flu infect other animals? if so, do you hold to keep hold of varying the describe?Yes, it’s spread through birds, too, not just swine. Somehow, I don’t think its name is going to shift, but, if so, its called “human flu” right now. Why wasn’t a vaccine individual made after the first outbreak of Swine Flu?When it killed people, shouldnt it have be obviousthat it could possibly return? They should have made a vaccinewhen it first popped up to avoid future stuff similar to whats going on now. – They are but after 6 months to process. . . weird, i know!. . . Can Everybody please relaxing down (swine flu)?Here are some facts 1. we are not in a developing country so we wont even come close to dieing 2. the reason everybody in the WHO is concerned is because consider if this infection landed in africa they already have plenty health pandemics as. . . Swine Flu Phase 5 Already?10 Points Best Answer?How Is Swine Flu Already A Phase 5, I Don’t Think It Needs To Be Five Yet But Now That It Is What Are The Procedures The Governments Going To Start Taking,Will They Shut Down Schools,Stores,Etc Like In Mexico Or What? umm. . . Can cats ensnare swine flu?Even if they’re an indoor cat? Could they catch it from a person?I heard that since the flu have pig, bird and human DNA (or something) in it, it “can be passed along through animals” but I don’t know if that’s true. So does anyone know. . . Who else think the Swine Flu is really Exciting?This is fun to watch and i am getting a thrill watching this happen. This is exciting to watch the hysterics on tv. I feel like I am watching a sci fi thriller, but its better then a movie – I bet it’ll be hilllllarrrious. . . What are the symptoms for Swine Flu please?I have a swollen gland in the left side of my nouns and I am concerned if it is a symptom as it seems to be getting bigger. Just saying “The same as normal flu” does not relief. Most people think that a cold is the. . . swine flu how serious?Swine flu? how serious do you think its gonna get?i also herd which i`m not sure is true but the us affairs of state had been lying about the death here because they don’t want us getting worried – Not serious. What happened to West nile,. . . Do I hold the swine flu should I see a doctor?It started with a sore throat. . . now I have a stuffy feeler and it runs from time to time with strong nose bleeds. I have body ache with a slight headache. I got a slight stomach ache too. . . I live surrounded by Germany. . . should I go to hospital now or. . . how long does it nick to seize over the swine flu?I need to know two things, If treated, will you be okay? How long does it take you to get over the swine flu? – There is no cure for it. Some those get over but some people die. Swine flu at the top of the nation?What would happen if our new President got infected next to swine flu? He would get the best treatment available, and he wouldn’t have to worry around paying for it either, unlike if one of us contracted Swine flu. – He’d take. . . Spiritually speaking, how tired are you of audible range almost the swine flu?I’ve heard it all. It was the Jews (as if you can take it eating pork), it was the “dirty Mexicans”, everybody’s going to die, we all entail to wear masks (sexy), etc. I’m a rough riding bus-taker and I’m not wearing a mask. . . . What is the kismet that you would die from swine flu?I knew it would happen eventually, but “Swine flu” is now contained by Chicago. I’m a reasonable person, but I admit, this item is very scary for me. I grew up in a small town where on earth we never had to worry about this. . . I own a interrogate on Swine Flu?I have a few questions regarding Swine Flue, or just now renamed H1N1. How long will the Swine Flu last?&Is there a chance that this will jump worldwide?Gosh, I really hope this doesn’t last long. Summer is coming & lots of people are going to be traveling. Thanks. . . Are within any outbreaks of the Swine Flu contained by the Cancun nouns of Mexico?Just wondering if it is safe to travel there for vacation – a couple traveled to cancun for their honeymoon and both be infected with the virus. . . they are now in quarantine What will transpire when the Swine Flu combines near Boogie Fever?A Flying Pig disco, Onederful!Oi, nothing that big, Bopper! – A Pig Disco?lol How several associates own be kill by swine flu contained by the U. S. ?I was wondering how many people own been killed in the U. S. by the swine flu. If you own not heard of swine flu you must be underground. Or just tired of hearing the medium exaggerate everything it touches. The reason you havn’t. . . Why did yesterday’s report read out that two race died within california of swine flu?But today’s news says that the first death from the swine flu is a toddler? because the communication wants sensational reports, and whether they are true or not is secondary to sensationalism. – Those two deaths be unconfirmed because lab tests have. . . Swine flu: could ‘I am Legend’ take place?humans wiped off the face of the mud. only a certain group being immune?please can everyone entry that i did not talk about zombie people anywhere contained by my answeri was just asking about humans dying out and a specific group human being immune. no-where in my. . . Is it ok to guzzle at Taco Bell, beside the Swine Flu Virus spreading around the country? Absolutely not. As we all know, Mexicans started the swine flu. And what is Taco Bell? It’s a Mexican fast food chain. Durr! No Taco Bell, it’s full of swine flu. Common sense. Answered by *. . . More than 6,000 Swine Flu questions and answers, Please visit: www. health2009. com/swine-flu

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