What is the test for evidence of mental illness, disorder, or defect in a murder case?
MultiRegion, United States of America
The following excerpt is from Dyer v. Calderon, 113 F.3d 927 (9th Cir. 1997):
7 Under California law, evidence of mental disease, disorder, or defect is admissible on the issue of whether the accused actually formed an intent to kill-i.e., whether the accused actually formed express malice. People v. Saille, 54 Cal.3d 1103, 2 Cal.Rptr.2d 364, 374, 820 P.2d 588, 596 (1991).
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