California Court of Appeal

Defendant's Fifth and Sixth Amendment rights are not violated by the procedures for determining his mental retardation, including examination by court-appointed or prosecution experts. However, the trial court must prohibit any tests it concludes are not reasonably related to determining mental retardation.

Appellate Information

• Decided 03/25/2004
• Published 03/25/2004

Judges

• GRIGNON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Michael P. Judge, Public Defender, Albert J. Menaster, Daniel Kuperberg, Jenny Brown and Terri Towrey, Deputy Public Defenders, for Petitioner., Steve Cooley, District Attorney, Brent Riggs and Jessica Goulden, Deputy District Attorneys, for Real Party in Interest.


• For Appellees:
  
• No appearance on behalf of Respondent.