Turpin v. Hill

I concur in Divisions 1, 2, 3 (a) and 4 of the majority opinion and in the judgment of reversal. However, I believe that a claim for habeas relief based upon an allegation of mental retardation is subject to procedural default and that the habeas court erred, therefore, in considering the issue of Hill’s alleged mental retardation under any standard. Accordingly, I respectfully disagree with Division 3 (b) of the majority opinion and dissent to the remand for the habeas court’s further consideration of Hill’s claim of mental retardation.

Although Hill did not raise his alleged mental…