SERIES 700 HOMICIDE: SPECIAL CIRCUMSTANCES AND DEATH PENALTY
F 775 NOTES
TABLE OF CONTENTS
F 775 Note 1 Examination Of Defendant By Prosecution Expert
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F 775 Note 1 Examination Of Defendant By Prosecution Expert
The Related Issues section for CC 775 cites Centeno v. Superior Court (2004) 117 CA4th 30, 40 for the proposition that the defendant who alleges he/she is mentally retarded “must submit to examination by a prosecution expert.” However, in light of subsequent California Supreme Court decisions the right to prosecution examination of the defendant has been narrowed to the extent that there may not be such a right in mental retardation cases. (See Verdin v. Superior Court (2008) 43 C4th 1096; People v. Wallace (2008) 44 C4th 1032.)The Related Issues section for CC 775 cites Centeno v. Superior Court (2004) 117 CA4th 30, 40 for the proposition that the defendant who alleges he/she is mentally retarded “must submit to examination by a prosecution expert.” However, in light of subsequent California Supreme Court decisions the right to prosecution examination of the defendant has been narrowed to the extent that there may not be such a right in mental retardation cases. (See Verdin v. Superior Court (2008) 43 C4th 1096; People v. Wallace (2008) 44 C4th 1032.)