Legal Opinion

State v. Herrera

Utah Supreme Court

Decided April 21, 1995No. 920209, 920265PublishedCited by 66 opinions

1Opinion of the Court

*361HOWE, Justice:

This is an appeal from two interlocutory orders entered in two cases which we have consolidated for appellate purposes. Defendants Tomas R. Herrera and Mikell Sweezey both challenge the constitutionality of Utah’s insanity defense as codified under Utah Code Ann. § 76-2-805 and other related sections.

FACTS

Since this is an interlocutory appeal, there has been only limited adjudication of the specific facts in either ease. The State concedes the following facts only so far as the limited issue of constitutionality is concerned.

State v. Herrera

Defendant Herrera shot and killed his…

2Cases cited48 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Ake v. OklahomaSupreme Court of the United States · 1985
  4. Palko v. ConnecticutSupreme Court of the United States · 1937
  5. Estelle v. SmithSupreme Court of the United States · 1981

43 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. State v. ThomasUtah Supreme Court · 1998
  2. State v. LaffertyUtah Supreme Court · 2001
  3. Finger v. StateNevada Supreme Court · 2001
  4. State v. DrejUtah Supreme Court · 2010
  5. State v. LopesUtah Supreme Court · 1999

61 more not listed; retrieve them via the Exa API.

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