State v. Herrera
Utah Supreme Court
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
- In Re WINSHIPSupreme Court of the United States · 1970
- Teague v. LaneSupreme Court of the United States · 1989
- Ake v. OklahomaSupreme Court of the United States · 1985
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Estelle v. SmithSupreme Court of the United States · 1981
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3Cited by66 opinions
- State v. ThomasUtah Supreme Court · 1998
- State v. LaffertyUtah Supreme Court · 2001
- Finger v. StateNevada Supreme Court · 2001
- State v. DrejUtah Supreme Court · 2010
- State v. LopesUtah Supreme Court · 1999
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