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Mitigation-Stressful Emotional Difficulties May be Considered in Mitigation.
| Mitigation-Stressful Emotional Difficulties May be Considered in Mitigation. |
|
Mitigation-Stressful Emotional Difficulties May be Considered in Mitigation. The record reveals that defendant experienced unusual stress during the
breakup of his marriage and underwent profound depression following an adverse
verdict in a difficult and emotionally trying personal injury case. Marital
and other stressful emotional difficulties may be considered in mitigation. (In
re Mostman (1989)
47
Cal.3d 725, 742 [254 Cal.Rptr. 286, 765 P.2d 448]; Hunniecutt v. State Bar,
supra,
44
Cal.3d 362, 373-374.) Petitioner also presented the testimony of a qualified
expert regarding certain aspects of petitioner's personality which caused him to
assume more responsibilities that he could competently handle and to
procrastinate when faced with certain kinds of problems, and regarding the
progress petitioner has made in recognizing and overcoming these personality
defects. This testimony was uncontradicted. [12] Disabling psychological
disorders are mitigating if convincingly established by substantial credible
evidence. (Bowles v. State Bar (1989)
48
Cal.3d 100, 110 [255 Cal.Rptr. 846, 768 P.2d 65]; Frazer v. State Bar (1987)
43
Cal.3d 564, 576-578 [238 Cal.Rptr. 54, 737 P.2d 1338].) On the other hand,
the time constraints of a busy solo practice and lack of management skills have
generally not been regarded as mitigating per se, and we do not so regard them
here. (Farnham v. State Bar, supra,
47
Cal.3d 429, 445; Garlow v. State Bar (1988)
44
Cal.3d 689, 711 [244 Cal.Rptr. 452, 749 P.2d 1307].) [11b] Petitioner
voluntarily sought treatment for his condition, a circumstance which we have
also recognized as mitigating. (In re Mostman, supra,
47
Cal.3d 725, 742.) We also give mitigating weight to petitioner's
demonstrated legal abilities, his dedication to the cause of the disabled, and
his zeal in undertaking pro bono work. (Hawk v. State Bar (1988)
45
Cal.3d 589, 602 [247 Cal.Rptr. 599, 754 P.2d 1096].)
Privilege of Defendant in Criminal Case .......930 California Evidence Code Sections-950-962-Lawyer-Client-Official Site California Evidence Code-Official Site |
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