Opinion
S281017
09-13-2023
GAINES (LeVAUGHN EUGENE) ON H.C.
C098846 Third Appellate District.
Petition for review granted; transferred to Court of Appeal, Third Appellate District, with directions to issue an order to show cause
The petition for review is granted.
The matter is transferred to the Court of Appeal, Third Appellate District. That court is ordered to vacate its summary denial dated July 7, 2023, and is further ordered to issue an order to show cause, returnable before the Sacramento County Superior Court. The Secretary of the Department of Corrections and Rehabilitation is to be ordered to show cause, why relief should not be granted on the ground that trial counsel rendered ineffective assistance by failing to present expert testimony from Dr. Gregory Sokolov and/or Dr. Janice Nakagawa at the guilt phase of petitioner's trial. (Cal. Rules of Court, rule 8.528(d).)
Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban, Jenkins, and Evans, JJ.