Is a defendant's sole defense at trial based on a diminished capacity claim?
California, United States of America
The following excerpt is from People v. Powell, B295965 (Cal. App. 2020):
Defendant relies on People v. Frierson (1979) 25 Cal.3d 142, but that case is inapposite. In Frierson, the defendant's "sole defense at trial was an undeveloped theory of diminished capacity." (Id. at p. 159.) Two lay witnesses testified that
Page 17
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is diminished capacity a defense in the defense of diminished capacity? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can a Defendant assert all defenses and counterclaims that would be available to the Defendant in a claim against the Owner of the Claim? (California, United States of America)
What is the effect of diminished capacity on the diminished capacity defense? (California, United States of America)
When a defendant is convicted of possession of a deadly weapon with intent to commit an assault on another defendant, what is the diminished capacity defense? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
What is the diminished capacity defense of diminished capacity in a murder case? (California, United States of America)
