California, United States of America
The following excerpt is from People v. McDonough, G042711, Super. Ct. No. 98NF3762 (Cal. App. 2011):
dangerous." (People v. Cross, supra, 127 Cal.App.4th at pp. 72, 74; Foucha v. Louisiana, supra, 504 U.S. at p. 77 [insanity acquittee "may be held as long as he is both mentally ill and dangerous, but no longer"].) All the experts testified in favor of placing appellant in outpatient treatment, even the expert appointed at the prosecutor's request. As the experts unanimously agreed appellant is no longer dangerous and would benefit from outpatient treatment, we look to the court's reasons for rejecting this substantial amount of testimony to determine whether the reasons are arbitrary.
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