Miller v. State

This Vietnam War veteran's plea was “not guilty” and “not guilty by reason of mental illness.” Our state statute absolutely mandates that a'plea be placed before the jury. SDCL 23A-24-2(1).1 The intent is obvious: 1) so the jury is aware of defendant’s legal position that he or she was mentally ill during the commission of the alleged crime; 2) so the state is on its proof with respect thereto; 3) so the jury can track the evidence knowing the defense; 4) so the trial judge can guide the trial with the issues framed in his mind. Defendant’s mental illness plea was not presented to the jury by…