Legal Opinion
Smart v. State
Court of Claims of Illinois
Decided February 22, 1996No. 82-CC-0477Published
1Opinion of the Court
OPINION
JANN, J.
This cause comes on to be heard on the parties’ cross motions for summary judgment. Both parties have submitted briefs and oral arguments were heard by the Court.
Facts
Claimant, Carol Smart, was charged with murder in the shooting deaths of his mother and father in the Circuit Court of Christian County, Illinois in 1958. A jury found Smart unfit to stand trial on criminal charges by reason of “feeblemindedness.” Pursuant to Ill. Rev. Stat. 1957, ch. 38, par. 592, the court ruled that Smart was “legally insane by reason of mental retardation or feeble-mindedness at the time of…
2Cases cited7 opinions
- Gerstein v. PughSupreme Court of the United States · 1975
- Jackson v. IndianaSupreme Court of the United States · 1972
- Edward L. Greenblatt v. Drexel Burnham Lambert, IncorporatedCourt of Appeals for the Eleventh Circuit · 1985
- Fulford v. O'CONNORIllinois Supreme Court · 1954
- People v. EalyAppellate Court of Illinois · 1977
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