People v. Stephan

In this prosecutor’s interlocutory appeal, we consider if the Legislature’s 1994 amendment of the statute governing the criminal defense of legal insanity1 serves as an implicit amendment or partial repeal of the statute governing the “guilty but mentally ill” (gbmi) verdict2. Although we appreciate the prosecutor’s concern that the 1994 amendment created an inconsistency between the two statutes with respect to the allocation of burdens of proof, the prosecutor’s requested relief is contrary to the doctrine of the separation of powers. We therefore affirm.

1. NATURE OF THE CASE

The prosecutor…