PEOPLE v. VASQUEZ

No. 03SA218.

84 P.3d 1019 (2004)

The PEOPLE of the State of Colorado, Plaintiff v. Jimmy Joseph VASQUEZ, Defendant.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 1, 2004.


Attorney(s) appearing for the Case

Robert S. Grant, District Attorney, Michael Milne, Senior Deputy District Attorney, Brighton, Colorado, Attorneys for Petitioner.

David S. Kaplan, Colorado State Public Defender, Jason Middleton, Deputy State Public Defender, Katherine Brien, Deputy State Public Defender, Scott Evans, Deputy State Public Defender, Todd Nelson, Deputy State Public Defender, Denver, Colorado, Attorneys for Defendant.


Justice KOURLIS delivered the Opinion of the Court.

I. Introduction

In this case, the defendant is on trial for first degree murder, and the state has indicated its intent to seek the death penalty. The defendant claims that he is mentally retarded. Section 18-1.3-1102, 6 C.R.S. (2003) (the "statute"), is the statute that sets forth the procedures to be followed when a defendant raises issues of mental retardation...

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