Docket Nos. 68415, 70666. (Calendar Nos. 2, 3).

421 Mich. 20 (1984)

364 N.W.2d 584


Supreme Court of Michigan.

Decided December 28, 1984.

Released January 29, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David E. McClernan, Prosecuting Attorney, and Michael J. Moquin, Assistant Attorney General, for the people in Goad.

Paul K. Hood for defendant Goad.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people in Gillen.

George S. Buth for defendant Gillen.


In these cases we must decide whether trial judges may properly use CJI 7:8:08,1 which explains to the jury the disposition to be made of defendants found not guilty by reason of insanity, over defendants' objections.

Defendant Goad was charged with two counts of first-degree criminal sexual conduct. MCL 750.520b(1)(f); MSA 28.788(2)(1)(f). At trial, Goad raised an insanity...

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