Does the Attorney General have any grounds to argue that a section 24 instruction in a mental health case was read as precluding evidence of mental retardation to support evidence of incompetency?
California, United States of America
The following excerpt is from People v. Banda, F066389 (Cal. App. 2015):
The Attorney General responds that it is not reasonably likely the jury read the instruction as precluding evidence of mental retardation to support incompetency. (See People v. Kelly (1992) 1 Cal.4th 495, 525 (Kelly) ["the question is whether there is a
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