1. Home
  2. Browse Decisions
  3. Mich.
  4. 425 Mich.
  5. 425 Mich. 457 (1986)
 

IN RE CERTIFIED QUESTION

Docket No. 78017, (Calendar No. 1).

425 Mich. 457 (1986)

390 N.W.2d 620

In re CERTIFIED QUESTION DUFFY v. FOLTZ

Supreme Court of Michigan.

Decided August 5, 1986.

Attorney(s) appearing for the Case

Arthur J. Tarnow for the petitioner.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Criminal Division, Research, Training and Appeals, for the respondent.

RILEY, J.

This matter comes before this Court pursuant to a question certified by the United States Court of Appeals for the Sixth Circuit.1 The question this Court has agreed to answer is whether sanity is an element of the crimes of rape and kidnapping as defined by Michigan law. We hold that sanity is not an element of these crimes and that insanity is a burden-shifting affirmative defense, placing the burden of going forward with evidence...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases