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PEOPLE v. SUPERIOR COURT

No. F045226.

28 Cal.Rptr.3d 529 (2005)

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Tulare County, Respondent; Jorge Junior Vidal, Real Party in Interest.

Court of Appeals of California, Fifth District.

Review Granted July 27, 2005.

Attorney(s) appearing for the Case

Phillip J. Cline, Tulare County District Attorney, and Barbara J. Greaver, Deputy, for Petitioner.

No appearance for Respondent.

Michael Shetzer, Tulare County Public Defender, and Berry Robinson, Deputy, for Real Party in Interest.

John T. Philipsborn, San Francisco, for California Attorneys for Criminal Justice, on behalf of Real Party in Interest.

OPINION

ARDAIZ, P.J.

In Atkins v. Virginia (2002) 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (Atkins), the United States Supreme Court held that the execution of mentally retarded criminals violates the Eighth Amendment to the United States Constitution. (Id. at p. 321, 122 S.Ct. 2242.) The court reasoned that "clinical definitions of mental retardation require not only subaverage intellectual functioning...

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