Legal Opinion · Concurrence

VanVoorhis v. State

Court of Appeals of Georgia

Decided October 16, 1998No. A98A0985Published

1ConcurrenceBeasley, Judge

I concur with some reluctance, just as the trial judge reached a verdict with reservation. The court found that “the defendant is not relieved from responsibility despite the fact that she’s obviously severely mentally ill. So my verdict [sic] is that she’s guilty but mentally ill.” Such a finding is authorized, if evidentially warranted, by OCGA § 17-7-131 (b) (1) (D) and (2) and (c) (2).1 The court later explained: “If our law in Georgia were different on the subject of mental illness, then my verdict would have been different.” The court *751accepted as fact that the defendant suffered from…

2Cases cited12 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Choice v. StateSupreme Court of Georgia · 1860
  3. Roberts v. StateSupreme Court of Georgia · 1847
  4. Moore v. StateSupreme Court of Georgia · 1972
  5. Flanagan v. StateSupreme Court of Georgia · 1898

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