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MMLU / A defendant, an indigent, was arrested and charged with attempted murder. The…

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question

A defendant, an indigent, was arrested and charged with attempted murder. The defendant, who had a history of psychiatric problems, had been diagnosed as being paranoid schizophrenic. The defendant was represented by a court-appointed attorney. In trying to prepare for trial, the attorney met with the defendant on numerous occasions. The attorney, however, found it difficult to communicate with the defendant, who, due to his paranoia, distrusted the attorney and believed he was working with the prosecution to convict him. The defendant was subsequently convicted. After the defendant was sentenced, the attorney filed an appeal seeking to overturn the conviction and have a new trial ordered. The appeal, in part, challenged the constitutionality of a state statute that placed the burden of proof on the defendant by requiring him to prove mental incompetency by clear and convincing evidence. In addition, the appeal claimed that the attorney was unable to provide adequate representation because there was a failure of communication between the defendant and his attorney. The appeal will most likely be

choices

  1. granted, because the prosecution has the burden to prove the defendant's competency by a preponderance of evidence.
  2. granted, because the defendant has the burden to prove mental incompetency by a preponderance of the evidence, not by clear and convincing evidence.
  3. denied, because it is constitutionally permissible to place the burden on the defendant to prove mental incompetency by clear and convincing evidence.
  4. denied, because the defendant cannot base an appeal on ineffective assistance of counsel due to his own failure to communicate with his lawyer.

subject

professional_law

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Source and history

task_id
b7675c68-626b-51b1-8407-1eb81574b311
task_key
all--test--b7675c68-626b-51b1-8407-1eb81574b311
task_revision_id
1
config / split
all / test

Official source

initial import