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Legal Opinion

People v. Gasco

Michigan Court of Appeals

Decided June 24, 1982No. Docket 52427PublishedCited by 10 opinions

1Per curiam

Following a jury trial in the Newaygo County Circuit Court, defendant was found to be guilty as charged of first-degree criminal sexual conduct. MCL 750.520b(1)(e); MSA 28.788(2)(1)(e). Defendant was sentenced to serve a term of from 60 to 90 years’ imprisonment.

We are constrained to agree with defendant’s assertion that the trial court’s erroneous instructions on sanity left defendant without a viable defense and reluctantly reverse his conviction. The trial court gave the following instructions, taken from CJI 7:8:02A:

"A person is also legally insane if, as a result of mental illness or…

2Cases cited6 opinions

  1. People v. CrawfordMichigan Court of Appeals · 1979
  2. People v. PaceMichigan Court of Appeals · 1980
  3. People v. RitsemaMichigan Court of Appeals · 1981
  4. People v. NeumannMichigan Court of Appeals · 1971
  5. People v. MorrisMichigan Court of Appeals · 1979

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. HardestyMichigan Court of Appeals · 1984
  2. People v. MazzieMichigan Court of Appeals · 1984
  3. Cipriano v. BirkettCourt of Appeals for the Sixth Circuit · 2002
  4. State ex rel. N.A.C. v. W.T.D.Wisconsin Supreme Court · 1988
  5. People v. FosterMichigan Court of Appeals · 1984

5 more not listed; retrieve them via the Exa API.

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