PEOPLE v. SUPERIOR COURT

No. S134901.

56 Cal.Rptr.3d 851 (2007)

40 Cal.4th 999

155 P.3d 259

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

Supreme Court of California.

April 12, 2007.


Attorney(s) appearing for the Case

Phillip J. Cline, District Attorney, Carol B. Turner and Don H. Gallian, Assistant District Attorneys, and Barbara J. Greaver, Deputy District Attorney, for Petitioner.

Michael A. Ramos, District Attorney (San Bernardino), Mark Vos, Lead Deputy District Attorney, Mary L. Andonov, Deputy District Attorney; and David R. La-Bahn for California District Attorneys Association as Amicus Curiae on behalf of Petitioner.

Bill Lockyer, Attorney General, Manuel M. Medeiros, State Solicitor General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janet Neely, John G. Mc-Lean and George M. Hendrickson, Deputy Attorneys General, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Michael B. Sheltzer, Public Defender, Lisa Bertolino, Assistant Public Defender, Berry Robinson and William G. Mueting, Deputy Public Defenders, for Real Party in Interest.

John T. Philipsborn, San Francisco, and Charles D. Weisselberg for California Attorneys for Criminal Justice as Amicus Curiae on behalf of Real Party in Interest.


WERDEGAR, J.

The Eighth Amendment to the United States Constitution, prohibiting cruel and unusual punishments, bars the execution of mentally retarded persons for criminal offenses. (Atkins v. Virginia (2002) 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (Atkins).) California law, implementing the constitutional command of Atkins, provides a substantive standard and a set of procedures for determining, at...

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