Is a spouse who killed her partner while she was mentally ill a co-defendant of a murder trial barred from bringing a defense of insanity or self-defence?
"New York", United States of America
The following excerpt is from Wells' Will, In re, 350 N.Y.S.2d 114, 76 Misc.2d 458 (N.Y. Surr. Ct. 1973):
Since the criminal conviction of the surviving spouse conclusively established that the killing of the decedent was not an accident, committed in self-defense or while she was insane, she is collaterally estopped from raising these defenses in this proceeding (Grand v. New York City, 32 N.Y.2d 300, 344 N.Y.S.2d 938, 298 N.E.2d 105).
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