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Hendershott v. People

Supreme Court of Colorado

653 P.2d 385 (Colo. 1982)

Relevant factsFree

Hendershott (defendant) was charged with third-degree assault for attacking his girlfriend. The prosecution moved to exclude evidence of his brain disorder offered to show he lacked the required mens rea of knowingly or recklessly causing injury. The trial court excluded the evidence, reasoning Colorado law allowed mental-impairment evidence for specific-intent crimes but not general-intent crimes like third-degree assault, and the jury convicted him.

IssueFree

Whether a criminal defendant has a due-process right to present evidence of mental impairment as proof that he lacked the requisite mens rea for an offense.

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