On August 10, 2011, the California Supreme Court directed the Santa Clara County Superior Court to hold a hearing to consider the evidence that David is mentally retarded. If the court finds him to be retarded, he would be resentenced to life without parole. The case has not yet been assigned to a superior court judge, and the schedule for the proceedings in the superior court has not yet been set. There will be many procedural steps before the case will be ready for a hearing. The case will be decided by a judge alone, without a jury. Lawyers in the San Francisco office of Morgan, Lewis & Bockius, a large international law firm, have taken on David’s case pro bono.