State v. Martin

[¶ 45.] I concur on Issues l,6 2, and 3.1 concur in result on Issue 4.

Issue 4 — Insanity Defense Instructions

[¶ 46.] I must concur in result on Issue 4 because I disagree with two points in the Court’s analysis. In ¶ 41, the Court justifies the failure to give Martin’s proposed definitional instruction on a “morally right” theory of insanity. This Court justifies the refusal because there was evidence from the State’s expert, Dr. Franks, “contrasting Martin’s claim that he believed killing Ludeman would be morally right.” Id. Relying upon this opposing evidence, the Court concludes that it…