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On December 11, 2017, Damian McElrath was found guilty but mentally ill by a jury on the charge of felony murder and aggravated assault, but not guilty on the charge of malice murder due to insanity. Both charges are related to one episode where McElrath stabbed his adoptive mother, Diane McElrath, 50 times until her death.
The “guilty but mentally ill” verdict means that the jury rejected her insanity plea and found her criminally responsible for her actions. Driver will be sentenced on December 12.
A Georgia mother who in 2021 shot and killed her 7-year-old son, in part because she was under the delusion that her husband, the boy’s father, was a serial killer, on Wednesday pleaded guilty ...
Georgia (1972), and Gregg v. Georgia (1976) 1st 1986 Ford v. Wainwright: Preventing the execution [capital punishment] of the insane, requiring an evaluation of competency and an evidentiary hearing 8th 1989 Penry v. Lynaugh: Executing persons with mental retardation is not a violation of the Eighth Amendment.
McElyea sentenced Driver to life in prison with the possibility of parole one month after Driver was found guilty but mentally ill of malice murder, felony murder, cruelty to children in the first ...
As an alternative to the insanity defense, some jurisdictions permit a defendant to plead guilty but mentally ill. [55] A defendant who is found guilty but mentally ill may be sentenced to mental health treatment, at the conclusion of which the defendant will serve the remainder of their sentence in the same manner as any other defendant.
In April, Maskiell entered a plea of guilty but mentally ill, meaning that he will get mental health treatment while incarcerated until a medical professional decides treatment isn’t necessary ...
Jones v. United States, 463 U.S. 354 (1983), is a United States Supreme Court case in which the court, for the first time, addressed whether the due process requirement of the Fourteenth Amendment allows defendants, who were found not guilty by reason of insanity (NGRI) of a misdemeanor crime, to be involuntarily confined to a mental institution until such times as they are no longer a danger ...