Posted On: October 15, 2009
CALIFORNIA CRIMINAL LAW: CLIENT CONTROLS WHETHER OR NOT TO PLEAD NOT GUILTY BY REASON OF INSANITY
The defendant really wanted to plead not guilty by reason of insanity (NGI). But there wasn't any basis for the plea, so counsel refused to enter it. This is wrong. The client controls only a few things in a case, but entering pleas is one of them; including entering an NGI plea. The odd part of this case is that the C/A finds error, then finds it harmless, because there was no evidence of NGI. But don't you need a hearing to determine that? You shouldn't be able to
determine it based solely on stuff counsel said on the record.
People v. Henning; 2009 DJ DAR 14828; DJ, 10/15/09; C/A 3rd
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