Finger v. State

Leavitt, L,

concurring:

I agree with the majority that the requirement of a mentally ill defendant to plead guilty but mentally ill deprives a defendant of liberty without due process of law and is in violation of the Fourteenth Amendment. The attempt by the Legislature to wipe away more than a century of criminal jurisprudence tramples on the due process rights of mentally unsound defendants and is unconstitutional.

*579The new procedure conflicts with several Nevada statutes.

The criminal justice system does not punish persons unable to form the intent necessary to commit a crime. Under current…