Insanity pleas
the issue raised by a special plea of insanity at the time of trial is not whether the defendant can distinguish between right and wrong, whether he is capable at the time of the trial of understand the nature and object of the proceedings going on against him and rightly comprehends his own condition in reference to such pleadings, and is capable of rendering his attorney such assistance as a proper defense to the indictment preferred against him demands. Whether the defendant is guilty of the crime charged is not relevant at the trial of a special plea of insanity. It was reversible error to permit the prosecutor to question witnesses about the defendant’s guilt. Crawford v. State 240 Ga. 321 to 240 S.E.2d 824 (1977). The defendant entered a special plea of insanity contending that he was not competent to stand trial. Without withdrawing that motion, he entered a guilty plea and was sentenced. This was improper. Since the special plea of insanity was pending a guilty plea cannot be accepted. Martin v. State, 147 Ga. App. 173, 248 S.E.2d 235 (1978). In Hosick v. State the defendant was examined by one psychologist who found him competent to stand trial, and another who found that he suffered from paranoid disorder, but was competent to stand trial. During the trial, the defendant testified that he killed the victim under the direction of angels in the Holy Spirit. The defense attorney reported that the defendant was crazy as a bedbug. The trial court found that the defendant was confident and was sly and cunning in his ways and manipulative of the legal process. He further found that defendant was articulate during the course of the trial and gave no other indications of having any mental retardation or difficulties. The trial court did not err in refusing to sua sponte conduct a competency hearing. Hosick v. State 262 Ga. 432 421 S.E.2d 65 (1992). You need to have a capable Douglas County criminal defense lawyer help you with your case call the law firm of Howard and Arca Attorneys at law.

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