Gray Maria v. William Muniz

I disagree with the majority’s conclusion as to Maria’s claim alleging ineffective assistance of counsel in the guilt phase.

During the guilt phase of a bifurcated, first-degree murder trial, a defendant can introduce expert testimony opining that the defendant’s mental “illness caused him to obey a command hallucination to” commit the murder, and therefore the defendant “was incapable of harboring the necessary premeditation [and] deliberation.” People v. Duckett, 162 Cal.App.3d 1115, 209 Cal.Rptr. 96, 100-01 (1984).

In the present case, both experts acknowledged that Maria experienced command…