Legal Opinion
State v. Drej
Utah Supreme Court
Decided May 14, 2010No. 20080003PublishedCited by 57 opinions
1Opinion of the Court
DURHAM, Chief Justice:
INTRODUCTION
T1 In response to a divided opinion by this court in which we questioned but ultimately upheld the constitutionality of the state's limited insanity defense, 1 the Utah Legislature enacted a new method of mitigating criminal culpability based on a defendant's mental illness called "special mitigation." In a narrow set of cireumstances, special mitigation allows mentally-ill defendants who acted under the influence of a delusion, to reduce their eriminal convictions by one degree. Unlike a traditional insanity defense, special mitigation cannot be used to…
2Cases cited48 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Ring v. ArizonaSupreme Court of the United States · 2002
- Mullaney v. WilburSupreme Court of the United States · 1975
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
43 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- State v. HoustonUtah Supreme Court · 2015
- State v. CantonUtah Supreme Court · 2013
- State v. CamposCourt of Appeals of Utah · 2013
- State v. AngilauUtah Supreme Court · 2011
- State v. RobinsonUtah Supreme Court · 2011
52 more not listed; retrieve them via the Exa API.