Does a mental disorder instruction need to be given?

In contrast, People v. Smithey (1999) 20 Cal.4th 936, held the mental disorder instruction was properly given, when three experts examined and tested the defendant, and concluded he had organic brain damage, a generally diffused brain dysfunction, and mild mental retardation. The trial evidence also showed defendant suffered from "classic amphetamine psychosis syndrome," and defendant had amnesia about the day of the crime. The experts testified that defendant would not have committed the crime if he had

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