California Court of Appeal

In case where defendant is charged with first degree murder with special circumstances, and is eligible for the death penalty, trial court's finding that defendant is not mentally retarded, thus permitting the prosecution to seek a death sentence, is vacated as the mental retardation hearing should be reopened to determine if false testimony was presented at the original hearing.

Appellate Information

• Decided 01/30/2008
• Published 01/30/2008

Judges

• BAMATTRE-MANOUKIAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edward M. Sousa,Stuart D. Kirchick, San Jose, for Petitioner DeShawn Lee Campbell., Dolores Carr, District Attorney of Santa Clara County, Lane Liroff, Deputy District Attorney, for Real Party in Interest The People.


• For Appellees:
  
• No Appearance for Respondent Superior Court of California, Santa Clara County.