In re Anderson Hawthorne, Jr., 2005 Cal Lexis 1603 (CA Sup 2005).

The CA Supreme Court decided that, in Atkins cases, 1) The rules for postconviction cases are the same as for preconviction cases, although the former may not be heard by a jury. The petitioner has the preponderance burden of proof, and must submit to a prosecution doctor's evaluation, 2) An evidentiary hearing is required upon the filing of a declaration by a qualified expert offering a diagnosis of MR starting before age 18, and 3) An IQ score, while important, is not presumptive--rather, the judge may consider the totality of the evidence. (Editor's abstract)

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