Is diminished capacity a defense of diminished capacity?
California, United States of America
The following excerpt is from Hwamei, In re, 112 Cal.Rptr. 464, 37 Cal.App.3d 554 (Cal. App. 1974):
'. . . It must therefore be concluded on this record that the possible defense of diminished capacity 'was withheld not through deliberate though faulty judgment, but in default of knowledge that reasonable inquiry would have produced, and hence in default of any judgment at all.' (Brubaker v. Dickson, supra, 310 F.2d 30, 39.)
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