22-3222.
Mental examination, commitment to certain institutions.
In any case in which the defendant is found not guilty of a charged crime, and the special question under K.S.A. 22-3221 is answered in the affirmative and the defendant is also found guilty of a lesser included or otherwise charged offense, the court shall proceed in the manner authorized by K.S.A. 22-3429 et seq., and amendments thereto. The provisions of this section shall be in force and take effect on and after January 1, 1996.
History:
L. 1995, ch. 251, § 22; July 1.
Notes of Decisions
Cited in
2
cases, 2001–2004 · leading case:
State v. Van Hoet, 89 P.3d 606 (Kan. 2004).
State v. Van Hoet, 89 P.3d 606 (Kan. 2004).
· cites it 3× “The defendant also attempts to raise an equal protection argument by citing K.S.A. 22-3222 and K.S.A. 22-3429, which provide: “In any case in which the defendant is found not guilty of a charged crime, and the special question under K.”
State v. Greene, 37 P.3d 633 (Kan. 2001).
“K.S.A. 22-3222; K.S.A. 22-3429. In the present case, the trial judge refused to instruct the jury on the Jackson concept of diminished capacity, not on the ground that it had been superseded but rather because he did not believe “there was any evidence presented that would…”
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