Smullen

1
Smullen
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So, Hoey Says

• Little Georgie is confused!!
• We now make indelibly clear that, where a
  particular mental element of a crime must be
  proved to establish the commission of a crime,
  evidence that it did not exist , whether due to
  mental impairment or some other reason relevant
  to that issue, is admissible
• Is admissible folks!!!

3

• What Mental Disorders are good enough?
• Is a court supposed to read medical journals to
  figure out what similar elements of mental
  disorders are analogous enough?
• Origin of battered child?
• Is not first aggressor an element of perfect and
  imperfect self defense?
• Is battered spouse syndrome good enough for
  perfect self defense in non-confrontationalsetti
  ngs?
• What is it about battered spouse that may make it
  good enough for imperfect self defense in some
  non-confrontational settings?

4

• Is the may in Courts 10-916 really a may?
• Ok where is the abuse of discretion line?
• The Judges Raker and Hollander proffers.
• Does some evidence mean some evidence?
• What does relevance and prejudice have to do with
  it?

5
Ok lets keep it simple stupid

• We now make indelibly clear that, where a
  particular mental element of a crime must be
  proved to establish the commission of a crime,
  evidence that it did not exist , whether due to
  mental impairment or some other reason relevant
  to that issue, is admissible
• If issue of imperfect self defense is in the game
  by sufficient evidence, then not truly held but
  unreasonable fear of imminent deadly force is
  such a mental element that must be proved by
  State See Simmons and psychiatric evidence to
  negate that not ( i.e. that def had such
  unreasonable fear due to mental impairment) is
  admissible to rebut the states burden of proof.

6
All that intellectual stuff re Battered Spouse
and Battered Child

• Well, at least the kind of battered child that is
  analogous to battered spouse, that has the three
  phases in reaction to beating, in some cases
  could well be the kind of mental impairment that
  could produce such a truly held but unreasonable
  belief of sufficiently imminent deadly attack

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But is this evidence here sufficiently probative?

• Relevant to this material issue?

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Judge Hollander facts beyond Dr McDaniels
testimony

• From the dissent

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Defs statements from detective

• Argument before the killing.
• Angry since last weekend.
• Hit so hard in chest.
• Leave in pine box.
• Three or four prior hittings (vague in time)

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Blood Brother who lived there

• Violent episodes
• broke furniture
• Slapped Anna Marie around
• gun on Miguel
• drank alcohol to excess
• Anna Maries medical records

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Vice principal, guidance counselor etc.

• Upon suspension, cant go home - will kill me.
• Very emotionally upset at suspension
• Fathers reputation as a strict disciplinarian
• not able to hang out
• leave in body bag
• not able to escape
• strong desire to live somewhere else but not
  allowed

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Fathers co-worker

• Admission of beating when drinking
• Get kids ass when gets home

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Girl friend of sorts

• Looked depressed
• bad headaches
• spaced out
• son says father beat him to her
• saw some bruises