Supreme Court of California.https://leagle.com/images/logo.png
February 10, 2005.
Rehearing Denied March 16, 2005.
Attorney(s) appearing for the Case
Maria E. Stratton, Federal Public Defender, Sean Kennedy and Harry Simon, Deputy Federal Public Defenders, for Petitioner Anderson Hawthorne.
Michael Laurence; Michael J. Hersek, State Public Defender; and Michael Millman, Miami, FL, for Habeas Corpus Resource Center, Office of the State Public Defender, and California Appellate Project as Amici Curiae on behalf of Petitioner Anderson Hawthorne.
Michele Uzeta for Protection & Advocacy, Inc., as Amicus Curiae on behalf of Petitioner Anderson Hawthorne.
John T. Philipsborn, San Francisco, and Charles R. Weisselberg for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Petitioner Anderson Hawthorne.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, john R. Gorey, Keith H. Borjon and Robert S. Henry, Deputy Attorneys General for Respondent State of California.
James W. Ellis, Steven K. Homer, Albuquerque, NM, and Carol M. Suzuki for the American Association of Mental Retardation and The Arc of the United States as Amici Curiae.
Supreme Court of California.
BROWN, J.
Petitioner Anderson Hawthorne, Jr., is under a judgment of death. He challenges his sentence as cruel and unusual punishment based on allegations he is mentally retarded. Under the authority of Penry v. Lynaugh (1989) 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256, we denied three previous petitions for writ of habeas corpus raising this same claim. Subsequently, however...
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