Mental Archives

Categories: All Other Crimes, Crimes, Defenses, Mens Rea, Mental

Summary

Trial court properly excluded evidence of defendant's voluntary intoxication because he was charged with possessing a controlled substance in jail, which is a general intent crime. Berg was charged with knowingly possessing methamphetamine in a jail (Pen. Code, § 4573.6)…

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Name: People v. Jackson

Case #: E065757

Opinion Date: 04/17/2018

Categories: Defenses, Guilty Pleas, Mental, Pleas

Summary

Trial court's finding that defendant was competent to stand trial at the time of his plea and at sentencing was not supported by substantial evidence. Jackson was charged with lewd acts on a minor in San Bernardino County. A doubt…

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Name: People v. Shiga

Case #: B256009

Opinion Date: 11/29/2016

Categories: 1368 Competence, Defenses, Mental, Pretrial Motions, Right to Counsel, Self-Representation

Summary

Defendant's arson conviction reversed where the trial court was unaware of its discretion to deny a "gray area" defendant's Faretta motion. Shiga set fire to a Catholic church and was charged with arson (Pen. Code, § 451.5, subd. (a)) and…

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Name: Jackson v. Superior Court (Riverside County)

Case #: E064010

Opinion Date: 05/24/2016

Categories: Defenses, Extension of Commitment, Mental, Not Guilty by Reason of Insanity

Summary

Defendant who has been committed as incompetent for the maximum period, but who is not gravely disabled, is not entitled to release from custody where new charges are currently pending. In 2008, Jackson was charged with a lewd act on…

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Name: People v. Herrera

Case #: B261842

Opinion Date: 05/16/2016

Categories: Admitting/Excluding, Defenses, Evidence, Expert Witness, Mental

Summary

Trial court's improper restriction on defendant's use of psychiatric testimony regarding his post-traumatic stress disorder (PTSD) requires reversal of murder conviction. A jury convicted defendant of first degree murder and found that he personally used a knife (Pen. Code, §§…

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Name: People v. McGehee

Case #: C073027

Opinion Date: 04/26/2016

Categories: Defenses, General Principles, Jury Instructions, Mental

Summary

Trial court committed harmless error by failing to instruct jury that defendant's mental illness should be taken into account when determining whether his false statements evidenced a consciousness of guilt. McGehee stabbed his mother 10 times and then lied to…

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Name: People v. James

Case #: A139463

Opinion Date: 07/14/2015

Categories: Crimes, Defenses, General Principles, Jury Instructions, Mens Rea, Mental, Miscellaneous defenses

Summary

Reversal was required where court refused instruction on unconsciousness as a defense and there was ample evidence that defendant suffered a psychotic episode and was unaware of his actions. James was charged with aggravated mayhem and assault for an attack…

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Name: People v. Gana

Case #: G048644

Opinion Date: 05/05/2015

Categories: By CALCRIM Number, By CALJIC Number, Crimes, Defenses, Evidence, Expert Witness, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Lesser-Included Offenses, Mens Rea, Mental, Right to Counsel

Summary

Trial court did not err by refusing to instruct the jury on involuntary manslaughter based on brandishing a firearm because there was no evidence that the defendant drew or exhibited the firearm in a rude, angry, or threatening manner. Gana…

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Name: Kansas v. Cheever

Case #: 12-609

Opinion Date: 12/11/2013

Categories: Admitting/Excluding, Areas Constitutional Law, Defenses, Evidence, Expert Witness, Mental, Right Against Self-incrim

Summary

Where a defense expert testifies that the defendant lacked the requisite mental state to commit a crime, the Fifth Amendment does not prohibit the prosecution from introducing rebuttal evidence from a court-ordered mental evaluation of the defendant. After smoking methamphetamine,…

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Name: Sharp v. Superior Court

Case #: S190646

Opinion Date: 05/31/2012

Categories: Defenses, Mental

Summary

In a sanity proceeding [NGI], under Penal Code section 1054.3, subdivision (b), the prosecution may seek compelled evaluation of a defendant by prosecution experts. When a defendant pleads not guilty by reason of insanity, under Penal Code section 1027, the…

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