Legal Opinion · Dissent

People v. Tilbury

California Supreme Court

Decided August 1, 1991No. S012984Published

1DissentMosk, J.

I dissent. The Court of Appeal held that a person found not guilty by reason of insanity is constitutionally entitled to a jury determination of his or her mental state after a statutorily prescribed 180-day evaluation and treatment period. The Court of Appeal reached the correct result, and therefore I would affirm its judgment.

A former patient of mental hospitals in Long Beach and Brawley, and a self-described paranoiac suffering from delusions of persecution, Tilbury ran amok with a rifle in April 1984, shooting at several citizens and peace officers. He was charged with 12 felonies,…

2Cases cited16 opinions

  1. Barefoot v. EstelleSupreme Court of the United States · 1983
  2. Jones v. United StatesSupreme Court of the United States · 1983
  3. People v. MurtishawCalifornia Supreme Court · 1981
  4. People v. BurnickCalifornia Supreme Court · 1975
  5. People v. PenningtonCalifornia Supreme Court · 1967

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