He offered examples of his client's evident understanding of the proceedings.
At one point he blurts out an expletive to describe the lawsuit Mr. Perelman has brought, demonstrating an understanding of the proceedings.
"At the present time, Mr. Loughner does not have a rational understanding of these proceedings," Judge Burns said, ordering him treated for up to four months.
It requires that a defendant have "sufficient present ability to consult with lawyer with a reasonable degree of rational understanding" and a "rational as well as a factual understanding of the proceedings against him".
At a court hearing 4 days after the arrest, Pincham's theatrics turned the hearing into a full-blown drama; Ricky & Isaac clearly had little understanding of the proceedings.
But the judge presiding over her case, Richard M. Berman, ruled in July that Ms. Siddiqui "has a rational as well as a factual understanding of the proceedings against her" and could assist with her defense.
In their filings seeking a competency hearing, defense lawyers have said that Mrs. Yates "is unable to communicate clearly" to help them prepare her case, and added that their own mental health experts believed she "does not have a rational or functional understanding of the proceedings".
The constitutional standard for competency, based on Dusky and Drope, may be understood as requiring that defendants be able to consult with defense counsel, to otherwise assist with their defense, and to have both a rational and factual understanding of the proceedings.
Dr. William S. Logan, who evaluated Ward in 2008, found that his schizophrenia "did compromise his rational understanding of the proceedings [at trial], and prevented him from having the ability to meaningfully assist his attorney in his defense".
The "test" is "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and whether he has a rational as well as factual understanding of the proceedings against him".
