Docket Number

919907

Document Type

Legal Brief

Publication Date

1991

Abstract

I wish to c i t e to the Court two additional authorities in support of arguments presented in the State's brief in ££ai£ Vt Bishop. The case of Lockhart v. McCree, U.S. , 106 S.Ct. 1758 (1986), supports the argument contained in Point III (Brief of Respondent at 31) that death-qualification of the jury i s constitutional. The discussion in Model Penal Code, § 210.3 commentary at 44-73 (Official Draft and Revised Comments 1980) of manslaughter and the Code's adoption of the "extreme mental or emotional disturbance" language for that crime i s supportive of the State's argument in Point XVIII (Brief of Respondent at 110) that the mental disorders relied upon by defendant at trial did not fall within the scope of Utah Code Ann. § 76-5-205(1) (b) (Supp. 1984) (amended 1985).

Comments

Original Brief Submitted to the Utah Supreme Court; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
David L. Wilkinson; attorney general; attorney for resopndent.
Jo Carol Nesset-Sale; Curtis C. Nesset; Salt Lake Legal Defender Assoc.; attorneys for appellant.

Rights

Public record document (some rights may be reserved).

COinS