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State v. McVey

Iowa Supreme Court
376 N.W.2d 585 (1985)


Facts

Donald Lee McVey (defendant) and a companion escaped from a state prison farm, stole a car, and were subsequently apprehended by the police after a high-speed chase. McVey was charged with second-degree theft based on exercising control over a stolen car and with attempting to elude police. Prior to trial, McVey gave notice to the prosecution that he intended to raise diminished responsibility as a defense. The prosecution filed a motion to strike McVey’s diminished responsibility defense on the ground that it was not applicable to the crime charged. The trial court granted the prosecution’s motion. McVey was convicted and he appealed.

Rule of Law

Issue

Holding and Reasoning (McCormick, J.)

Dissent (Carter, J.)

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