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    Criminal Law keyed to Dripps

    State v. Cooper

    Facts

    Eugene Raymond Cooper (Defendant) was driving recklessly through a shopping center parking lot when he was pursued by a police officer. Defendant led the police officer on a high-speed chase during rush hour traffic. Defendant shot and wounded the pursuing police officer and then kidnapped a man in a parking lot at gunpoint. The kidnapped man wrestled the gun away from Defendant and the vehicle crashed into the divider on a freeway. Although Defendant attempted to run, he was quickly apprehended and charged with kidnapping and assault with a deadly weapon. At the request of Defendant’s counsel, the court appointed psychiatrists to examine Defendant’s mental condition prior to trial. The psychiatrists reported that Defendant was competent to stand trial. Defendant’s counsel then timely gave notice of his intention to raise the defense of insanity at trial. During the trial, Defendant’s counsel offered testimony from a psychiatrist and a psychologist as to Defendant’s mental condition at the time of the offense. Both experts testified that had Defendant not been on amphetamines for several days prior to the offense, he would have been sane. After hearing the testimony, the trial judge held that the evidence did not raise an issue as to Defendant’s sanity and would not be heard by the jury. Further, the trial judge refused all of Defendant’s jury instructions related to the issue of a defense of insanity. Defendant was convicted of kidnapping and assault with a deadly weapon and sentenced to concurrent terms of thirty years to life on both charges. He appealed.

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    State v. Cooper