State v. Mishne

ROBERTS, Justice.

Jonathan Mishne and Kent Nichols were jointly indicted on three counts of robbery with a firearm (17-A M.R.S.A. § 651(1)(B), (C), and (E)), two counts of kidnapping (17-A M.R.S.A. § 301(1)(A)(5), and one count of theft by extortion (17-A M.R.S.A. § 355). Mishne entered a plea of not guilty by reason of insanity (17-A M.R.S.A. § 58) 1 and requested a bifurcated trial (17-A M.R. S.A. § 59). 2 In the first stage he was found guilty on all counts by a jury; in the second stage, jury waived, the presiding justice rejected his insanity defense.

Mishne raises three issues on appeal:…