November 29, 2012 - Four states and the Supreme Court must be crazy. Idaho, Kansas, Montana and Utah do not allow the insanity defense in criminal prosecutions. Most recently, the Supreme Court refused to hear a case on appeal from Idaho, leaving a conviction to stand, where the convicted killer claimed he was denied due process of law because he was not allowed to plead the insanity defense.
John Delling killed two people and injured a third in 2007 in Idaho. He pled guilty. There was ample evidence brought out during his trial attesting to his long-standing battles with acute paranoid schizophrenia. He claimed he was in the midst of severe delusions when he killed the two men and wounded a third.
Here is part of Idaho’s law on the insanity defense: “… mental condition shall not be a defense to any charge of criminal conduct.”
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