LEWISNon-Title Respondent, California Department of Corrections and Rehabilitation, Additional Authorities LetterCal.February 23, 2018XAVIER BECERRA State of California Attorney General DEPARTMENT OF JUSTICE 300 SOUTH SPRING STREET, SUITE 1702 LOS ANGELES, CA 90013 Public: (213) 269-6000 Telephone: (213) 269-6091 Facsimile: (213) 897-6496 E-Mail: Margaret.Maxwell@doj.ca.gov February 23, 2018 Jorge E. Navarrete Clerk and Executive Officer California Supreme Court 350 McAllister Street San Francisco, CA 94102-7303 RE: In re Robert Lewis, Jr. On Habeas Corpus Case No. S117235 (Capital Case) Notice of Supplemental Authority Dear Mr. Navarrete: At oral argument on March 7, 2018, counsel for respondent may discuss the following decision that was filed after the last briefing in this case, which is relevant to Question 1 of the Order to Show Cause (whether petitioner is intellectually disabled within the meaning of Atkins v. Virginia (2002) 536 U.S. 304 and In re Hawthorne (2005) 35 Cal.4th 40): In Moore v. Texas (2017) 137 S.Ct. 1039, the United States Supreme Court held that the Texas Court of Criminal Appeals erred by disregarding current medical consensus (specifically by not accounting for the standard error of measurement) in evaluating the defendant’s IQ scores and by applying the seven factors set forth in Ex Parte Briseno (Tex. Crim. App. 2004) 135 S.W.3d 1 in assessing adaptive deficits Sincerely, MARGARET E. MAXWELL Supervising Deputy Attorney General For XAVIER BECERRA Attorney General MEM: LA2003XH0016 52710844.docx STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: LEWIS (ROBERT) ON H.C. Case Number: S117235 Lower Court Case Number: 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My email address used to e-serve: margaret.maxwell@doj.ca.gov 3. I served by email a copy of the following document(s) indicated below: Title(s) of papers e-served: Filing Type Document Title ADDITIONAL CITES FOR ORAL ARGUMENT Notice of Supplemental Authority Service Recipients: Person Served Email Address Type Date / Time Brian Kelberg Court Added bkelberg@da.lacounty.gov e- Service 2/23/2018 11:39:15 AM eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 2/23/2018 11:39:15 AM Robert Sanger Sanger & Swysen 58214 rsanger@sangerswysen.com e- Service 2/23/2018 11:39:15 AM This proof of service was automatically created, submitted and signed on my behalf through my agreements with TrueFiling and its contents are true to the best of my information, knowledge, and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. -- Date /s/Margaret Maxwell Signature Maxwell, Margaret (169830) Last Name, First Name (PNum) CA Attorney General's Office - Los Angeles Law Firm
