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Name: In re Walker
Case #: B190637
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/05/2007

In 1992, appellant’s conviction for second degree murder was affirmed. The appellate court rejected her contention that the failure of trial counsel to introduce expert testimony on intimate partner battering and its effects constituted IAC. In this petition for writ of habeas corpus pursuant to Penal Code section 1473.5, Walker asked for reconsideration of the decision in light of the enactment of Evidence Code section 1107 and the Supreme Court’s decision in People v. Humphrey. The appellate court granted relief, holding that in light of the developments in the law since the initial decision in the case, there was a reasonable probability, sufficient to undermine confidence in the verdict, that the result of Walker’s trial would have been different (i.e. she would have been convicted of manslaughter instead of murder) if such evidence had been presented.