US Supreme Court Denies Review of Idaho’s Abolition of Insanity Defense; Three Justices Dissent

Idaho v. Delling, 267 P.3d 709 (Ida. 2011), cert. denied, Delling v. Idaho, 568 U.S. __ (November 26, 2012)
The dissenting opinion is available at: http://www.supremecourt.gov/orders/courtorders/112612zor_f204.pdf [ at pp. 24-26 ]

Idaho abolished the insanity defense in 1982 enacting new language providing that a defendant’s mental condition shall not be a defense to criminal conduct. In this case, John Joseph Delling was charged with two counts of first degree murder, which were later amended to second degree murder. On motion of his counsel, the court ordered Delling evaluated for competency to stand trial and later committed him for restoration to competency. After nearly a year of commitment, Delling was found competent to proceed. He thereafter entered a “conditional” plea of guilty but asked the trial court to find Idaho’s abrogation of the insanity defense unconstitutional on its face and as applied in his case. He argued that the ability of a defendant to raise the issue of insanity with respect to criminal responsibility is mandated under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. In addition, he argued that abolition of the insanity defense violates his rights under the Sixth Amendment to present a defense and under the Eighth Amendment to be free from cruel and unusual punishment. The trial court denied these arguments and sentenced Delling to two consecutive life sentences.

On appeal, the Idaho Supreme Court upheld his convictions on the grounds that it had previously upheld the State’s abolition of the insanity defense in a long line of cases, and that the United States Supreme Court had declined to review any of those decisions after being presented with an opportunity to do so. Delling argued, however, that those decisions were no longer valid in light of the United States Supreme Court’s decision in Clark v. Arizona, 548 U.S. 735 (2006), in which the Supreme Court upheld the constitutionality of an Arizona statute that removed the cognitive incapacity element or second prong of the M’Naughten test. In so doing, the Supreme Court stated that it had never held that the Constitution mandates an insanity defense, but it had also never held that the Constitution does not require such a test. It stated that each state has the capacity to define its own crimes and defenses.

On November 26, 2012, the Supreme Court not surprisingly declined to review this case. What was a surprise was three justices dissented. Justice Breyer, joined by Justices Ginsburg and Sotomayor, noted the absurd result reached under Idaho law that permitted a defendant to argue that because of mental illness he lacked the requisite intent or mens rea to commit the act, but not defend on the basis that he was operating under a delusion when he committed the act. Under amicus curiae briefs filed by the American Psychiatric Association and Criminal Law and Mental Health Law Professors, Justice Breyer wrote that the vast majority of defendants pleading insanity appear to know they are committing the act charged but are operating under a delusion when they are doing so. He would therefore grant a Writ of Certiorari on the grounds that a defendant’s due process of law under the Fourteenth Amendment may be implicated.

Found in DMHL Volume 32 Issue 1