People v. Oelerich, 2017 IL App (2d) 141281 (February). Episode 295 (Duration 13:05) Defendant had severe mental delusions and issues when he drove his car head on into a lady’s mini van.
People v. Burnett, 2016 IL App (1st) 141033 (December). Episode 286 (Duration 7:59) Trial judge denies an insanity defense to a defendant with recognized schizophrenia, psychotic disorder, suffering from hallucinations, “disorganized thinking,” drug addiction, and an IQ of 72, placing him within a “borderline range of cognitive functioning.”
This case illustrates problems with the insanity defense. When the facts don’t support an insanity defense, defense counsel will be precluded from presenting that defense. This in turn will kill any chances of a GBMI finding.
Difference Between GBMI and Insanity Defense There is a clear and distinct difference between insanity defense and a GBMI (guilty but mentally ill) finding in Illinois.