If the jury decided the defendant was not retarded, then a hearing would be held in which two disinterested experts would make recommendations to the judge, who would have final say.
The court investigator will file a confidential report for the court, send copies of it to all parties, and make final recommendations to the judge.
The lawyer's omission denied a fair second trial for the man, Albert Woodfox, in 1998, the magistrate, Christine Nolan, wrote Tuesday in a recommendation to the federal judge who will rule later.
In his written recommendation to the Ethics Commission, Judge Samuel D. Reyes said he believed Parker broke the rules.
Then she, me and the other judges select our top favourites before passing on our recommendations to the final judge, the author and broadcaster Matthew Parris.
On 19 December 2013, the coroner's jury returned a verdict of homicide in the case of Ashley Smith, and provided dozens of recommendations to the presiding judge.
The judge will make a recommendation to the authority's three-person panel, which will then decide what, if any, action to take against Whole Foods.
He could then offer a recommendation to Judge Joseph Weatherby, who is conducting the hearings, and the judge could decide to let the verdict stand, order a new trial or dismiss the case.
Judge Pham's report will take the form of a recommendation to trial judge Jon Phipps McCalla.
"Three of the skeletons have been analyzed and a recommendation has been made to the judge of Real County that death certificates be issued for these three individuals," Dr. Glassman said.
