Supreme Court of the United States

Delling v. Idaho

November 26, 2012568 U.S. 1038

Summary

Justice Breyer, joined by Justices Ginsburg and Sotomayor, dissented from the Court’s denial of a petition for certiorari, arguing that Idaho’s statutory limitation of the insanity defense – permitting conviction when a defendant can form intent but cannot appreciate the wrongfulness of his conduct – may violate the Fourteenth Amendment’s Due Process Clause. The dissent urges the Court to grant review of the Idaho statutes.