P. v. Batala
Defendant George Jorge Hernandez Batalla was convicted of second degree murder after colliding with a pickup truck driven by Diana Covell (the victim) and pushing it in front of an oncoming cargo truck. On appeal defendant contends (1) the trial court erred by not instructing the jury with a definition of conscious disregard, (2) trial counsel was ineffective because he did not reasonably investigate defendants mental retardation as a defense to the requisite mental state of murder, (3) trial counsel was ineffective in his closing argument and (4) the one autopsy photograph admitted at trial was prejudicial and should not have been admitted. Court affirm the judgment.
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