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Criminal Law Keyed to Gershowitz
State v. Korell
Citation:
213 Mont. 316, 690 P.2d 992.Facts
The defendant is a veteran who had several disturbing experiences during his tour of duty. Friends and family agree that he was a different person when he returned from the service. He was twice admitted to VA hospitals for psychological problems and treated with anti-psychotic drugs. He would periodically slip into paranoid phases during which he had trouble relating to male authority figures. His mental health varied dramatically.
In 1980, the defendant entered a community college program and participated in a clinical externship at St. Patrick’s Hospital. The defendant’s supervisor at the hospital was Greg Lockwood. Psychiatric testimony introduced at trial indicated that the defendant felt he had to kill Lockwood before Lockwood killed him. On the evening of June 25, 1982, the defendant drove to the Lockwood home in and entered the house through a side door and began firing. Although wounded, Greg Lockwood managed to engage the defendant in a struggle. A shot was fired in the direction of Lockwood’s wife. The defendant grabbed a kitchen knife and both men were further injured before Lockwood was able to subdue the defendant.
The defendant was charged with attempted deliberate homicide and aggravated assault. The defense sought to establish that the defendant was a disturbed man who was psychotic at the time the crimes were committed. The defendant was denied the opportunity to raise the insanity defense because Montana recently abolished the use of the traditional insanity defense. He was convicted.
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Topic Resources
Topic Outline
DefensesTopic Refresher Course
Introduction to Defenses and Self DefenseTopic Charts & Notes
Defenses