State v. Searcy

I cannot agree with the majority’s conclusion that the due process guarantee of the United States Constitution does not require the availability of the insanity defense in a criminal case.

In support of its conclusion, the majority opinion implies that the statute abolishing the defense in Idaho was previously upheld by this Court in State v. Beam, 109 Idaho 616, 710 P.2d 526 (1985), cert. denied, 476 U.S. 1153, 106 S.Ct. 2260, 90 L.Ed.2d 704 (1986). However, the holding in Beam is not relevant to the present case. In Beam, this Court held that I.C. § 18-207 did not violate the principle of…