Law-Guy: Daily Case Summaries

KNOWLES, WARDEN v. MIRZAYANCE , US Supreme Ct.  March 24, 2009
Cal Def confesses to stabbing and shooting 19 year old cousin.  NGI type evidence presented at guilt phase in effort to obtain 2d deg.  Jury convicts of 1st.  Lawyer was going to put on guilt phase shrink for NGI as well as parents of def.  Parents were reluctant [...]

People v. Sudar (2007) , Cal.App.4th [No. A115464. First Dist., Div. Two. Dec. 18, 2007
Def appears on extended NGI commitment proceedings.  His initial commitment arises from arson charges in which he was acting at the command of god.  He presently believes himself to be the son of god.  The petition is filed 17 days later [...]

People v. Givan (2007) , Cal.App.4th [No. F050822. Fifth Dist. Oct. 24, 2007
Defendant comes up for 2 year extention on NGI. He submits declaration waiving presence due to his desire to remain at Napa. Later Defendant challenges entry of renewal order. The Court affirms his waiver noting that there is no express provision requiring personal [...]

People v. Thomas (2007) , Cal.App.4th[No. C052849. Third Dist. Oct. 22, 2007
Defendant convicted of rape with multiple strikes.  During sanity phase, Defendant establishes that he is sometimes insane and at other times not insane.  CalCrim instruction, (3450) though potentially misleading, correctly places burden on Defendant to prove he was insane at the time of the [...]