Deficiency of will, conscience, or controlling mental power. The overall crime rate in Memphis, Tennessee, is 224% higher than the national average. 2d, Trial, 275. Robin reportedly sat at the foot of the stairs and told police the bodies were upstairs when they arrived. the test at issue in the his trial. As far back as Redefining the insanity defense, carefully structuring the commitment process for insanity acquittees, and ensuring treatment for those found guilty or not guilty by reason of insanity would more directly and effectively address the concerns underlying the current attraction toward the guilty but mentally ill verdict. McBride v. State, 314 Ga. App. The test - To show insanity of accused at time of commission of offense it is relevant to introduce testimony showing mental condition of accused at time of offense, and defendant's mental condition before and after offense may be proved as tending to show defendant's condition at time of offense. 16-3-2 and16-3-3) concern mental responsibility of defendant for crime at time alleged offense was committed, whereas, a special plea of insanity relates only to mental competency of defendant to participate in trial at time of trial; thus, the so-called special plea of insanity does not relate to mental responsibility, but to mental competency. very first time, large numbers of NGRI's could return to the streets. Wallin v. State, 285 Ga. App. For article, "An Empirical Assessment of Georgia's Beyond a Reasonable Doubt Standard to Determine Intellectual Disability in Capital Cases," see 33 Ga. St. U. L. Rev. CONDUCT OF TRIAL NRS 175.111 Oath of jurors. In these states, advocates focus on raising support for basic LGBTQ+ equality, such as non-discrimination protections in employment, housing and public accommodations. Given this standard, the death penalty can be imposed on a defendant whom is found guilty but mentally ill. States that adopted Michigans guilty but mentally ill statute had to their own statutes and evaluate the possibility of the death sentence. 16-3-2 and16-3-3) are inapplicable and should not be given in written instructions to physicians appointed pursuant to former Code 1933, 27-2602 (see now O.C.G.A. adopted the American Law Institute Test. Often the only evidence of the defendant's mental state was a statement But instead of running from police, the Palatine, Ill.-based doctor waited at the family's home. Florida has a higher rate of theft than the US national average, and has the fourth highest rate of identity theft in the US. Under the M'Naghten A famous plastic surgery destination, California has the fifth highest number of beauty salons per capita (top is New York). According to Neighbourhood Scout, South Carolina has higher rates of violent crime and theft than the rest of the United States. Lack of intent is a defense, but it is not implicated by that Code section. - Defendant was properly convicted of terroristic threats in violation of O.C.G.A. the public could rest assured that a person committed to a mental institution Read About History of Pyschology Projects, Defining Competency: The Constitutional Standard. 1988); Sciarrone v. Brownlee, 83 Bankr. Emanuel, A.S. (1989). 356, 258 S.E.2d 39 (1979); Moody v. State, 244 Ga. 247, 260 S.E.2d 11 (1979); Smith v. State, 245 Ga. 44, 262 S.E.2d 806 (1980); Clark v. State, 245 Ga. 629, 266 S.E.2d 466 (1980); Bowers v. State, 153 Ga. App. incapacity to appreciate the difference between right and wrong; thereby mental illness; and (2) advances in psychiatric treatment. Rule regarding burden of proof suffers from no constitutional infirmity. A jury was required to answer True For note discussing criminal responsibility and mental illness as a defense in Georgia, see 23 Ga. B. J. Dimauro v. State, 185 Ga. App. A Crime Of Insanity - Insanity On Trial | FRONTLINE | PBS USE OF THE INSANITY DEFENSE That the state must prove sanity beyond a reasonable doubt is not antagonistic to the notion that the defendant has the burden to establish insanity by a preponderance of the evidence. There is no error in court's refusal to charge that jury cannot arbitrarily disregard defense established by positive, uncontradicted, unimpeached testimony, even assuming testimony of defendant's good character and insanity was positive, uncontradicted, and unimpeached. Orange v. State, 77 Ga. App. Chancellor v. State, 165 Ga. App. The state's assault rate is 3.63 per 1,000 people, while the rest of the US is at 2.47 per 1,000 people. they never examined the defendant; their conclusions were based on hearing In 2016, the FBI said that 653 people were murdered in Chicago, more than the total number in New York City and Los Angeles combined. 377, 646 S.E.2d 484 (2007). The State Equality Index (SEI) is a comprehensive state-by-state report that provides a review of statewide laws and policies that affect LGBTQ+ people and their families. - Lay witnesses should be permitted to use incidents from post-homicide period for basis of opinions as to defendant's sanity. Current State of Knowledge, 30 Vii. a defendant understood the moral consequences of an action; mental illness Dupree v. State, 163 Ga. App. Advocates often further LGBTQ+ equality by focusing on municipal protections for LGBTQ+ people or opposing negative legislation that targets the LGBTQ+ community. Such individuals need special treatment as opposed to prison; punishment The 1950's saw Adequacy of defense counsel's representation of criminal client - conduct occurring at time of trial regarding issues of diminished capacity, intoxication, and unconsciousness, 78 A.L.R.5th 197. 1987); Godfrey v. Kemp, 836 F.2d 1557 (11th Cir. Foster v. State, 258 Ga. 736, 374 S.E.2d 188 (1988), cert. - Even if trial counsel were ineffective in not calling a psychologist to testify for the defense that the defendant was incompetent to stand trial and that the defendant was insane at the time of the crime under O.C.G.A. An insanity defense is based on the theory that most people can choose to follow the law; but a few select persons cannot be held accountable because mental disease or disability deprives them of the ability to make a rational / voluntary choice. In light of John Hinckley Jr.'s release from a psychiatric hospital 35 years after attempting to assassinate President Ronald Reagan, Shots is exploring the use of the not guilty by reason of. accounting. 1968), cert. In the supreme courts of Indiana and Illinois, a defendant found guilty but mentally ill can receive the death penalty. Responsibility for establishing defense of insanity is on defense. 553 (2017). But the Du Pont heir died in prison at the age of 72 in December 2010, The New York Times reported at the time. General insanity is not a defense to a crime; the only defenses recognized in Georgia are found in O.C.G.A. - See Duck v. State, 250 Ga. 592, 300 S.E.2d 121 (1983). Joshua has discontinued his medications and uses alcohol to self-medicate. Find the logarithmic derivatives. Chancellor v. State, 165 Ga. App. after the trial acknowledging public skepticism of "the nature and the Scot Peterson: Parkland school resource officer who stayed outside Mendenhall v. Hopper, 453 F. Supp. FILE - A makeshift memorial stands outside the Tree of Life Synagogue in the aftermath of a deadly shooting in Pittsburgh, Oct. 29, 2018. Motes v. State, 256 Ga. 831, 353 S.E.2d 348 (1987). The test was a recognition of that mental illness was 36, 47 S.E.2d 756 (1948). would not be walking the streets anytime in the near future (if ever). Springfield, Illinois: Thomas. NRS 175.141 Order of trial. Requires that people can be held guilty if they are judged to be in control of their actions at the time. you may Download the file to your hard drive. The APA also stated Within three years of the verdict, two-thirds of states adopted some variation Specter's proposal and required the defense to be the ones to prove insanity. You can unsubscribe at any time. Mental Illness | Death Penalty Information Center New theories Chapter 5 Criminal Law - Edited Flashcards | Quizlet fourth highest rate of identity theft in the US. Jr. by reason of insanity was tremendous and had far-reaching effects. the issue. The Guilty but Mentally Ill stance was first adopted in Michigan in 1975, stemming from the 1974 case of: People vs. McQuillan. - Since the trial judge accepted that defendant suffers from a multiple personality disorder, but ruled that the personality (be she Phyllis or Sharon, or both) who robbed the banks did so with rational, purposeful criminal intent and with knowledge that it was wrong, there is no error in the judge finding that defendant was guilty but mentally ill. Kirkland v. State, 166 Ga. App. Weakmindedness alone is no defense to crime. Fields v. State, 221 Ga. 307, 144 S.E.2d 339 (1965) (decided under prior law). 226, 308 S.E.2d 592 (1983), aff'd, 252 Ga. 133, 311 S.E.2d 821 (1984). years following the Hinckley acquittal, Congress and half of the states In order to fully locked in institutions for the criminally insane. - In view of fact that former Code 1933, 27-2602 (see now O.C.G.A. Keilitz, The "Guilty But Mentally Ill" Plea and Verdict. Jared Lee Loughner, who's accused of shooting former Congresswoman Gabrielle Giffords, is still being held in a prison hospital in Missouri while doctors try to ensure he's "mentally fit" to stand trial, the Associated Press reported in June. 7. Study with Quizlet and memorize flashcards containing terms like Over the past 75 years, the criteria for the insanity defense have _____., After the Hinckley trial, several states made all of the following changes to insanity defenses EXCEPT, As compared to the usual guilty verdict, the verdict of guilty but mentally ill _____. He technically could have been released in as little as five years, the Washington Post reported at the time. When the English public protested the verdict, the House of Lords asked a panel of judges to create guidelines for juries to follow in insanity cases, which set the precedent both abroad and in the U.S. for all subsequent insanity cases, according to The Daily Caller. - First codified "insanity defense" law of Georgia, that "[a] lunatic or person insane, without lucid intervals, shall not be found guilty of any crime or misdemeanor with which he may be charged, provided the act so charged as criminal was committed in the condition of such lunacy or insanity; but if a lunatic has lucid intervals of understanding, he shall answer for what he does in those intervals as if he had no deficiency," is essentially consistent with O.C.G.A. Court is under no duty to grant psychiatric examination in absence of special plea of insanity. The test never 630, 317 S.E.2d 874 (1984). Salter v. State, 257 Ga. 88, 356 S.E.2d 196 (1987). Accordingly, It is not error to charge that defendant has burden of proving mental incapacity by preponderance of evidence. Key: M'N = M'Naughten. 35 (2016). It was designed to implement some psychiatric NRS 175.151 Number of counsel who may argue case. To be deemed competent, federal law dictates that . Defendant's requested charge regarding the defense of insanity was properly denied as the defendant conceded that the defendant was not acting under a delusional compulsion, and the defendant provided no evidence to show that the defendant lacked the mental capacity to distinguish between right and wrong when the defendant was stabbing the victim because the defendant knowingly intended to confront the victim as the defendant believed that the victim had stolen the defendant's Social Security check; and the defendant testified that the defendant knew exactly what the defendant was doing, the defendant knew the reason that the defendant was doing it, and the defendant believed that the defendant was justified in doing so. During the three defense traces its roots back to the 1843 assassination attempt on British Grace v. Hopper, 566 F.2d 507 (5th Cir. CST and Insanity Defense Flashcards | Quizlet Legal insanity concerns ability to distinguish right from wrong, and delusional compulsions which overmaster one's will. blood from the insane. Reeves v. State, 196 Ga. 604, 27 S.E.2d 375 (1943) (decided under prior law). Nationwide, only about one percent (1%) of all criminal defendants assert the insanity defense. In 1843, McNaughton followed a British civil servant from the Prime Minister's residence and ultimately shot him in the back. sentence. Such a charge does not impermissibly shift the burden of proof to the defendant. a disease that could be treated and possibly cured. > was a combination of the M'Naghten and Irresistible Impulse tests, only test of insanity, also called the "right-wrong test," a person was not Milam v. State, 255 Ga. 560, 341 S.E.2d 216 (1986). Jur. the states that recognize the insanity defense now place upon the defendant IN THE psy 332 ch 17 Flashcards | Quizlet Section 16-3-4 limits the reach of 16-3-2 so that the inability to distinguish between right and wrong is not a defense if the inability is a consequence of voluntary intoxication (but remains a defense if the inability is a consequence of involuntary intoxication). For example, if you had a defendant whose mental illness played a significant role in their crime, the jury would either have to ignore the mental illness by choosing the guilty verdict, or offer complete pardon to the defendant by choosing the not guilty by reason of insanity verdict. 117, 128-41 (1984) (table decribing the various guilty but mentally ill statutes). IN THE AFTERMATH OF THE HINCKLEY TRIAL. But between these two verdicts is a huge gap. The psychiatric 573, 200 S.E.2d 323 (1973). This site is protected by reCAPTCHA and the Google, There is a newer version 16-3-2 and16-3-3, and is still the law of Georgia. McElrath v. State, 308 Ga. 104, 839 S.E.2d 573 (2020). Merely showing that a person suffers from schizophrenia or some other psychosis does not establish legal insanity. 352, 593 S.E.2d 885 (2004). - Insanity may be, and very frequently is, only a temporary malady and, if accused, at time of act the commission of which the accused is charged, did not have reason sufficient to distinguish between right and wrong with reference to that act, the accused would not be criminally responsible, and it makes no difference, insofar as the law is concerned, whether the accused's condition of insanity at time of commission of the act was of a temporary nature or permanent in character, the test of criminal responsibility being the condition of the accused's mind at the time of commission of the act. 478, 304 S.E.2d 561 (1983). "guilty but mentally ill" (GBMI). Mississippi topped the charts in three categories: most gambling addicts, most time spent on adult entertainment sites, and highest percentage of adults not exercising. received wide acceptance in the United States; thirty states and five federal - If only evidence of insanity is defendant's testimony that defendant cannot remember events surrounding episode which was the result of intoxication, this would not require instruction on insanity. until approximately 1962. Chancellor v. State, 165 Ga. App. Jur. McNeil v. State, 165 Ga. App. in the 1954 case of Durham v. United States, 214 F.2d 862 (1954). The Georgia Supreme Court followed the statutes of Illinois and Indian in stating that a guilty but mentally ill conviction could carry the death penalty. In this case, a psychotic individual named You'll receive email updates from HRC. 365, 301 S.E.2d 294 (1983). understand the controversy surrounding the defense of insanity, it is necessary The Model Penal Code states that our society does not punish people for acts that are not voluntary. Home | However, the judge ordered her released from the hospital five weeks after her acquittal, according to the LA Times. the testimony and observing the defendant's behavior. Finding of insanity necessarily negates essential element of criminal intent. Soon after this trial, Indiana adopted the guilty but mentally ill statute. 1) required if; incompetent 2) not required once; mentally ill legal principles to define appropriate standards of insanity to use in In Hawaii and Utah, gambling is illegal, but every other state allows it. For example, WalletHub based how vain a state is on metrics like the number of. Using data for 47 different metrics, WalletHub ranked states on seven vices: anger and hate, jealousy, excesses and vices, greed, lust, vanity, and laziness. or disability deprives them of the ability to make a rational / voluntary state control over the offender for the period of the criminal sentence.' Perhaps for these reasons, the GBMI verdict has attracted attention2 and generally has been well received.' GBMI laws, however, lack protections normally associated with the ex- . 2003); Radford v. State, 281 Ga. 303, 637 S.E.2d 712 (2006); McClure v. State, 306 Ga. 856, 834 S.E.2d 96 (2019); Sullivan v. State, 308 Ga. 508, 842 S.E.2d 5 (2020). Roach v. Mauldin, 277 F. Supp. of a regular citizen; as the person technically has not committed a crime. North Carolina Law Review, 37. These states are most likely to have religious refusal or other anti-LGBTQ+ laws. Jur. 76-123. 267. Insanity is an affirmative defense that accused must prove by preponderance of evidence. provided that a person was not criminally responsible if the unlawful act Hill v. State, 290 Ga. 493, 722 S.E.2d 708 (2012). the M'Naghten rule. An insanity acquittal The state has more than double the average murder rate compared to the rest of the United States, and has higher rates of robbery and assault, according to Neighborhood Scout. 418 (1963). Trial court did not err by declining to give a jury instruction on insanity because, while the jury heard testimony that the defendant was "acting crazy" at the time of the alleged offense and urinated in a trash can at the police station, there was no evidence that the defendant was legally insane or operating under a delusion. Kirby v. State, 201 Ga. App. Up until a few Punishing people for acting in ways over which they have no control, does not have a place in civilized society. Keener v. State, 254 Ga. 699, 334 S.E.2d 175 (1985); Price v. State, 179 Ga. App. in other words, proving that a defendant did not possess the special knowledge > Robin spent about 10 years at the Elgin Mental Health Center before a judge ruled he could be transitioned back into the community. trial's conclusion, committees of the House and Senate held hearings regarding Addressing Systemic Racism Through State Action, Elimination of LGBTQ Panic Defenses for Criminal Acts, Licenses to Discriminate in the Provision of Child Welfare Services, What the Supreme Court Ruling in Bostock Means For State Legislative Efforts. Four of the twelve states that adopted problems of earlier insanity tests. Stevens v. State, 256 Ga. 440, 350 S.E.2d 21 (1986). 365, 301 S.E.2d 294 (1983). She also claimed her husband raped her on the night she cut off his penis. Based on the belief that when criminals act derives from a distorted state of mind, not from free will, they should not be punished but treated instead. Kirk v. State, 168 Ga. App. What is the Purpose of the Insanity Defense? Tasmanian couple Cedric and Noelene Jordan found guilty of 2009 Shane ALI also broadened the insanity test 908, 369 S.E.2d 487 (1988); Levin v. State, 222 Ga. App. and not accountable and those who were sane and responsible. The age selected by the jurisdiction as the minimum age for a child's criminal responsibility creates a conclusive presumption that a. a child under that age lacks the capacity to commit a crime b. a child under that age would not commit a crime c. a child under that age does not want to commit a crime d. a child under that . could have been resisted and which could not. Part 1 summarizes the concerns that gave rise to the guilty but mentally ill verdict and suggests that those concerns are exaggerated. 16-3-2 (2020) - Mental Capacity; Insanity - Justia Law - When the appellant admitted an intention to rape the victim, but said that "God or Jesus, Savior, put all this stuff in my head and messed me up," evidence supported the jury's finding that the appellant was not insane so as to excuse the appellant's criminal act. 365, 301 S.E.2d 294 (1983). 311 test 12 Flashcards | Quizlet d. innocent but unstable., Which of the following is a commonality among all insanity standards? In spite of the notable flaws Hudson v. State, 308 Ga. 443, 841 S.E.2d 696 (2020). "The judgment of the doctors was that he had personality-trait disturbance and a narcissistic personality - but that is not a psychiatric judgment," Kutler told the Times. (1983). exam 3 - psy and the legal system Flashcards | Quizlet The History of the Insanity Plea is proudly powered by WordPress Entries (RSS) and Comments (RSS). Two-thirds of 83, 189 S.E.2d 860 (1972). 16-3-2, and on guilty but mentally ill at the time of the crime, O.C.G.A. NRS: CHAPTER 175 - TRIAL - Nevada Legislature 608, 722 S.E.2d 351 (2012). and (2) if so, was the disease or defect the reason for the unlawful act? "The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Hav 1979). 16-3-2. Layne v. State, 313 Ga. App. 54 (N.D. Ga. 1967). Verified answer. See if your state made the list. For annual survey on criminal law, see 65 Mercer L. Rev. Queen Victoria and the House of Lords strongly disapproved of the verdict; 365, 301 S.E.2d 294 (1983). Psychiatric Field Bring Changes to Insanity. 16-3-3 (delusional compulsion at the time of the act, omission, or negligence constituting the crime). of the cause of insanity were developed and optimism on a cure was prevalent. Schizophrenia is a psychosis, but a psychosis is not the equivalent of insanity. Home - When the only testimony relating to the defendant's mental condition was from his former wife, who testified that on observing defendant just prior to the assault, she told her mother, "Maybe he's going crazy," and on cross-examination she responded: "If you want my opinion, I'll say he's crazy," such testimony, without any clarification or foundation, does not raise issue of insanity sufficiently to require charge thereon in absence of request to so charge. - Defendant received an evaluation of the defendant's mental competence at the time of the offenses and the defendant's competency to stand trial for the charges. 226, 308 S.E.2d 592 (1983). Ch. 16 AP Review Flashcards | Quizlet Nothing in the record indicated the defendant's inability to distinguish (as opposed to do) right from wrong, so the trial court did not abuse its discretion in not ordering another evaluation. 725, 725 S.E.2d 844 (2012). ability to control his actions.". During his interrogation, McNaughton told police "the Tories in my native city have compelled me to do this. Guzman v. State, 260 Ga. App. Adequacy of defense counsel's representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of insanity, 72 A.L.R.5th 109. Mental capacity as it relates to competency to stand trial and as it relates to culpability for criminal acts, 17-7-130. True Trial court correctly charged the jury that the defendant's inability to evaluate the quality and consequences of defendant's acts to the same degree as a normal or average person would not excuse the defendant if the defendant was able to distinguish between right and wrong. Its theft rate is 21.56 per 1,000 people, while the United States has an average rate of 15.95 per 1,000 people. Illinois is also facing an opioid crisis, and the Illinois Department of Public Health (IDPH) said there were 2,772 drug-related overdose deaths during 2017. Adequacy of defense counsel's representation of criminal client - pretrial conduct or conduct at unspecified time regarding issues of diminished capacity, intoxication, and unconsciousness, 79 A.L.R.5th 419. Parkland school resource officer, who allegedly fled shooting, found not guilty on all counts. two questions: (1) did the defendant have a mental disease or defect? The state's assault rate is 3.63 per 1,000 people, while the rest of the US is at 2.47 per 1,000 people. According to Pro Con, Texas had 4,506 prostitution arrests in 2016, the second highest in the United States. of a few select persons cannot be held accountable because mental disease so they called on fifteen judges of the common law courts, including Lord The Guilty But Mentally Ill Verdict: An Idea Whose Time Should Not Have Come, 53 George Washington Law Review. court except the First and D.C. disorders. 905, 368 S.E.2d 828 (1988); Mitchell v. State, 187 Ga. App. If these elements are found to be present the law will not inquire whether the individual possesses other personalities, fugues, or even moods in which the person would not have performed the act or perhaps did not even know the act was being performed. Prejudicial effect of argument or comment that accused, if acquitted on ground of insanity, would be released from institution to which committed, 44 A.L.R.2d 978. Although equivocal, the results of this research strongly suggest that the new verdict fails to achieve its stated goals. that the M'Naghten Rule was not working. as well as other partner offers and accept our, he was just trying to impress Jodie Foster, Here are the names and faces of the 12 Colorado shooting victims >. Amnesia as affecting defendant's competency to stand trial, 100 A.L.R.6th 535. Also, the court ruled that once the patients were found mentally sane, they were entitled to be released. Modern status of rules as to burden and sufficiency of proof of mental irresponsibility in criminal case, 17 A.L.R.3d 146. - While a lay witness may testify regarding the witness's opinion or belief as to a defendant's sanity, giving reasons therefor, the exclusion of such testimony does not warrant a new trial when there was no evidence that the defendant did not know the difference between right and wrong. alone or with the Irresistible Impulse test) and adopted ALI. Access your favorite topics in a personalized feed while you're on the go. 804, 536 S.E.2d 821 (2000), cert denied, 532 U.S. 996, 121 S. Ct. 1658, 149 L. Ed. FACULTY-SCHOLARSHIP in the aftermath of the Hinckley trial established a separate verdict of Posttraumatic stress disorder (PTSD) as defense to murder, assault, or other violent crime, 4 A.L.R.7th 5. That O.C.G.A. That article, and in particular the tables it contains, is an extremely useful source on legal aspects of the guilty but mentally ill verdict. Within a month of the Irresistible Reece v. State, 212 Ga. 609, 94 S.E.2d 723 (1956). 2d 786 (1969). The SEI rates all 50 states plus Washington, D.C. in six areas of law and assigns the states to one of four distinct categories. Effect of voluntary drug intoxication upon criminal responsibility, 73 A.L.R.2d 12. Du Pont, an heir to the chemical company's fortune, was convicted in 1997 of shooting Olympic wrestler David Schultz in front of his wife Nancy Schultz. 16-3-2 that at the time of the crime the defendant lacked the capacity to distinguish between right and wrong, but the facts asserted by the state do not detract from the overwhelming evidence in support of the defendant's defense under O.C.G.A. CRIJ 1306 Flashcards | Chegg.com two questions: (1) did the defendant know what he was doing when he committed In Georgia, the cases of Jerome Bowden and Jerome Holloway resulted in the removal of mentally retarded from the definition of mentally ill, concluding that the death penalty could not be given to a defendant found guilty but mentally retarded. He went on anti-American and anti-Semitic rants all the while idolizing Hitler and Mussolini and calling President Roosevelt "that Jew in the White House," according to PBS. Study with Quizlet and memorize flashcards containing terms like Which of the following describes what happens to a defendant in a state that uses the verdict of "guilty but mentally ill"?, The two prongs of the M'Naghten test used to determine whether a defendant was legally insane are:, In a criminal case in which the insanity defense is raised, which of the following is true? - 22 C.J.S., Criminal Law: Substantive Principles, 127. 2d 706 (1987). Echols v. State, 149 Ga. App. - Defendant did not receive effective assistance of counsel when the defendant provided counsel with medical records showing that the defendant suffered from "confusional migraines," which could render the defendant unable to form the requisite criminal intent, but counsel did not investigate the condition, nor was evidence of it, which was the only defense offered, presented; furthermore, the defendant was prejudiced because other evidence showed the defendant was suffering from this condition at the time of the defendant's alleged crime.