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of Sargent McGregor Binkley, former Captain, U. S. Army


Index to Court Documents


First Trial (12/08/2008)-
Santa Clara County

Second Trial (pending) -
San Mateo County





Not Guilty by Reason of Insanity Plea

What is the CALIFORNIA LAW related to a plea of:  NOT GUILTY BY REASON OF INSANITY , and how did it work in this case? CLICK FOR ANSWERS

Did you know that the burden of proof is the defense responsibility in the sanity phase of a trial? Defense presents the case and is the lead in presentation of closing arguments which take the sequence, Defense, DA, Defense.

Did you know that the fulcrum for the jury in the sanity phase, is similar to preponderance of doubt? It is "more likely than not" as in was the defendant "more likely than not" to have been insane at the time he committed the crime?

Did you know that if there is a hung jury in the sanity phase that only the sanity phase, not the guilt phase, is retried before a new jury? Again the burden of proof is on the defense. The same judge might again try the case.


California Penal Code

California Penal Code

http://law.onecle.com/california/penal/index.html



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