Question
Can a defendant prevent a court from entering a verdict of Guilty but Mentally Ill (GBMI)?Assume a defendant is charged with attempted murder. While there
Can a defendant prevent a court from entering a verdict of "Guilty but Mentally Ill" (GBMI)?Assume a defendant is charged with attempted murder. While there is evidence, she suffered from serious mental impairments, she did not raise an insanity defense, nor did she contend she had "diminished capacity." A jury convicted her of attempted murder. The state then filed a motion to have her found GBMI, which the trial judge granted, finding that the defendant was mentally ill. Are there problems with this procedure? See State v. Clifton, 315 P.3d 694
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