Peo v Sup Ct of Tulare Co (Vidal, real party in interest) (CA Supreme 2007).
In Vidal 2004 (qv), an Atkins case, the CA Appellate court ruled that, since the FSIQ was the best measure of general intelligence, FSIQ is to be considered over other scores in deciding whether a defendant is mentally retarded. The Supreme court disagreed. "We are not faced here with a question of admissibility of disputed evidence but with the question whether, when both sides of a scientific dispute have been presented by expert testimony, an appellate court may declare the debates winner as a matter of law...The question of how best to measure intellectual functioning in a given case is thus one of fact to be resolved in each case on the evidence, not by appellate promulgation of a new legal rule." (Editor's abstract)