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355 Ill. App. 3d 449

822 N.E.2d 889

291 Ill.Dec. 14

People v. Hari

Appellate Court of Illinois

Decided January 5, 2005

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Appellate Court of Illinois · decided 2005-01-05

Cited by 4 later decisions — most recently December 2020

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2005-01-05

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JUSTICE APPLETON,

¶1specially concurring:

¶2I concur with the majority opinion but write separately for the sole purpose of distinguishing the proffered defense of involuntary intoxication from the defense of insanity. While there was ample evidence in the record upon which the jury could rely in overcoming the affirmative defense of involuntary intoxication, primarily the planning and execution of the crime, the testimony of the State’s expert witness was irrelevant to that issue.

¶3As the majority acknowledges, Dr. Chapman was called for the purpose of testifying to defendant’s sanity. Neither insanity nor guilty but mentally ill was a proffered defense in this cause. To the extent Dr. Chapman testified concerning defendant’s underlying mental capacity, his opinion is irrelevant. We must be clear, as the State apparently was not, that insanity and involuntary intoxication are wholly separate conditions involving completely different forms of analysis.

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