State v. McMullin

SCHULTZ, Justice.

The issue presented is whether a due process violation occurred because the trial court instructed the jury to consider defendant’s insanity defense before it considered whether he was guilty of the offense charged. While the jury should not have been instructed in this manner, we hold that defendant was afforded due process of law and affirm the conviction.

Defendant Murl Edward McMullin was charged with first-degree murder in the strangulation death of his girlfriend. Iowa Code § 707.2(1) (1985). After a jury trial he was convicted as charged. The State presented evidence at…