Legal Opinion

State Ex Rel. Thomas v. Duncan

Court of Appeals of Arizona

Decided September 3, 2009No. 1 CA-SA 09-0144PublishedCited by 3 opinions

1Opinion of the Court

OPINION

PORTLEY, Judge.

¶ 1 We are asked, in this special action, to determine whether the trial court abused its discretion by failing to order a prescreening psychological expert to independently determine the defendant’s intelligence quotient (“IQ”). 1 We find that the court properly appointed an expert to conduct a prescreen-ing examination, but erred when it limited that examination to a review of prior tests.

FACTS & PROCEDURAL HISTORY

¶ 2 Joel Randu Escalant'e-Orozco (“Defendant”) was indicted on one count of first-degree murder, two counts of sexual assault, and one count of first-degree…

2Cases cited13 opinions

  1. Atkins v. VirginiaSupreme Court of the United States · 2002
  2. Wyatt v. WehmuellerArizona Supreme Court · 1991
  3. State v. HansenArizona Supreme Court · 2007
  4. Bilke v. StateArizona Supreme Court · 2003
  5. State v. KorzepArizona Supreme Court · 1990

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3Cited by3 opinions

  1. State of Arizona v. Eric BoystonArizona Supreme Court · 2013
  2. Smith v. SchriroCourt of Appeals for the Ninth Circuit · 2016
  3. Smith v. SchriroCourt of Appeals for the Ninth Circuit · 2016

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