Legal Opinion
People v. Gallegos
Supreme Court of Colorado
Decided April 20, 1981No. 79SA549PublishedCited by 17 opinions
1Opinion of the Court
QUINN, Justice.
The People appeal from an order of the district court vacating a jury verdict of guilty to second degree murder 1 and dismissing that charge against the defendant for the reason that section 18-3-103(2), C.R. S.1973 (1978 Repl. Vol. 8), which states that diminished responsibility due to the lack of mental capacity is not a defense to murder in the second degree, violates due process of law. We reverse and remand for further proceedings.
The defendant, Leroy Joe Gallegos, was charged with murder in the first degree after deliberation. 2 The charge arose out of the shooting death…
2Cases cited9 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
- United States v. ScottSupreme Court of the United States · 1978
- United States v. WilsonSupreme Court of the United States · 1975
- People v. DelGuidiceSupreme Court of Colorado · 1979
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3Cited by17 opinions
- Crozier v. StateWyoming Supreme Court · 1986
- Hendershott v. PeopleSupreme Court of Colorado · 1982
- People v. HuckleberrySupreme Court of Colorado · 1989
- People v. RoarkSupreme Court of Colorado · 1982
- People v. LowSupreme Court of Colorado · 1987
12 more not listed; retrieve them via the Exa API.