In Re R v. a Person Coming Under the Juvenile Court Law. the People, Plaintiff and Respondent, v. R — Chin, J…

Summary

Justice Chin, dissenting, agrees that the minor bears the burden of proving incompetence by a preponderance of the evidence but would apply a deferential failure-of-proof standard and affirm the juvenile court's competency finding. He concludes that the evidence did not compel acceptance of the forensic psychologist's equivocal opinion, given the minor's demonstrated understanding, refusal to complete testing, and the expert's stated uncertainties. Justice Chin also rejects the majority's view that expert opinion has special significance in juvenile competency proceedings or that a second expert should ordinarily be appointed.