|What is the Insanity Defense in Florida?|
What is the Insanity Defense in Florida?
Successful Insanity Defense
“The best-known example of a successful insanity defense came earlier that same year , when prosecutors put college student [name deleted] on trial for drowning her newborn son in a dormitory toilet. Jurors found her criminally insane, convinced by experts who said [the defendant] was unaware she was pregnant and went into shock during the delivery.” Tampabay.com, April 26, 2014 .
Included below are documents from a high profile Florida homicide case where the Insanity Defense was used in Tampa.
Here is the actual text of the Florida Insanity Defense Law:
(2) Burden of Proof —The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
|Proof of Insanity Email|
Proof of Insanity
Since the defense has the burden of proof on the issue of Insanity, there will need to be evidence presented by experts and physical items including email and correspondence to establish the the defense was not merely concocted to beat the charges before the court and the jury.
Such evidence is shown here. We have heavily edited the materials, but the original comprised 55 pages of emails that may be used to establish the defense.
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Important Case Documents:
Date Summary Link
|04/24/2014||Corrected Order Denying Motion to Suppress Statements Made to Detective Sandel and Detective Prebich on January 28, 2011|
|04/16/2014||Order Granting In Part, and Reserving Ruling, In Part, Defendant’s Motion in Limine Regarding Prior Abuse Allegations and Crash|
|04/01/2014||Defendant’s Motion to Suppress Statements Made to Detective Sandel and Detective Prebich on January 28, 2011|
|02/12/2013||Motion to Compel Evaluation of Defendant by Three State Experts on Issue of Defendant’s Sanity at the Time of the Offenses|
|02/06/2012||Defense’s Motion to Measure and Photograph Interview Areas on the Eighth Floor of Tampa Police Headquaters|
|10/12/2011||Order from DCA Dated September 16, 2011 (Final)|
|08/12/2011||Defendant’s Notice of Intent to Rely Upon the Defense of Insanity Existing at the Time of the Offense|
|05/03/2011||Memorandum of Law Filed by Third Party Media General Operations Inc. in Support of Motion to Intervene for the Limited Purpose of Opposing Defendant’s Verified Motion for Temporary Protective Order and Supporting Memorandum of Law|
|02/10/2011||Judge Recused – Order of Disqualification|