P. v. Green CA3
In February 2015, defendant Samantha Green’s newborn son was found dead near a slough in the Knights Landing area of Yolo County on the Sacramento River. After a jury trial, she was found guilty of second degree implied malice murder. (Pen. Code, §§ 187, subd. (a), 188.) The trial court sentenced her to 15 years to life in state prison.
On appeal, defendant contends the judgment must be reversed because trial counsel rendered ineffective assistance in failing to: (1) request the trial court instruct the jury with CALCRIM No. 3428 (“Mental Impairment: Defense to Specific Intent or Mental State”); (2) argue that evidence of her mental disorder (amphetamine-induced psychotic disorder) could be considered in determining whether she had the requisite mental state to be convicted of second degree implied malice murder; and (3) timely object to expert testimony opining on her credibility. We will affirm the judgment.
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