Grounds for finding defendant guilty but mentally ill
Applied in 9 court decisions — leading case Clark v. Arizona (2006)
Most recently applied in Dunlap v. Commonwealth (June 2013)
Effective: July 15, 1982 History: Created 1982 Ky
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(1) The defendant may be found guilty but mentally ill if:
(a) The prosecution proves beyond a reasonable doubt that the defendant is guilty of an offense; and (b) The defendant proves by a preponderance of the evidence that he was mentally ill at the time of the offense.
(2) If the defendant waives his right to trial, the court may accept a plea of guilty but mentally ill if it finds that the defendant was mentally ill at the time of the offense.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.