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People v. Serravo

Supreme Court of Colorado

823 P.2d 128 (1992)

Relevant factsFree

Serravo (defendant) stabbed his sleeping wife, then lied to her and police about an intruder; weeks later she found letters admitting the stabbing, and he told her God had instructed him to end the marriage by killing her. Charged with attempted first-degree murder and related crimes, Serravo pleaded not guilty by reason of insanity. At trial, five mental-health experts testified he believed he was under a delusion that God was commanding him and that the stabbing was justified. The trial court instructed the jury that Serravo was insane if he believed the act was morally right even though he knew it was unlawful; the jury found him insane, and the People's appeal of that instruction reached the Colorado Court of Appeals, which affirmed using a subjective standard for "deific-decree" delusions.

IssueFree

Whether a defendant is legally insane, despite knowing his act was unlawful, if he believed the act was morally right measured against objective societal standards of morality.

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