Hoge v. Hoss

¶1 — Our state’s slayer statute has been interpreted to not prevent a nonwillful slayer from inheriting. However, a slayer found not guilty by reason of insanity does not, ipso facto, act in a nonwillful manner. Under the slayer statute a slayer must act with intent and design. In contrast, the insanity defense encompasses acts in which the slayer can intentionally kill without necessarily understanding the consequences and the traditional test of being unable to perceive the nature and quality of the act committed. The trial court must determine whether the delusions suffered by Joshua Hoge…