State v. McLinn

The Supreme Court affirmed Defendant’s conviction for first-degree premeditated murder and remanded the case to the district court for resentencing, holding that the district court erred in ordering postrelease supervision rather than parole.On appeal, Defendant raised numerous arguments relating to her defense that she was not criminally responsible because a mental disease or defect prevented her from forming the culpable mental state necessary to convict her of first-degree premeditated murder, including several jury instruction issues. The Supreme Court affirmed the conviction, holding that the district court committed one instructional error, but the error was harmless. The Supreme Court then rejected all but one of Defendant’s sentencing issues but remanded the case for resentencing because the district court erred in ordering postrelease supervision rather than parole. View "State v. McLinn" on Justia Law