Commerce One Realty, Inc. v. 780 Humboldt, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• remanding to determine if the trial court could make a retroactive competency determination and, if so, to make such a determination
• considering retrospective competency hearings “disfavored” but acceptable when a “meaningful hearing” is possible
• adopting a “per se rule of ineffectiveness where a defendant is, unbeknownst to him, represented by someone who has not been admitted to any bar based on his ‘failure to ever meet the substantive requirements for the practice of law’”
• even if the defendant was competent at the time of the original trial, “the court may still, in its discretion, vacate [the defendant’s] conviction and conduct a new trial”
• even if the defendant was competent at the time of the original trial, “the court may still, in its discretion, vacate [the defendant’s] conviction and conduct a new trial”

Source: CourtListener parenthetical corpus (CC0).