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Simon v. State

The defendant's mental illness was not sufficient to establish legal insanity.

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Following a jury trial, Christopher Simon was found guilty but mentally ill of two counts of aggravated assault, two counts of aggravated battery, three counts of obstruction of an officer, and two counts of theft by shoplifting. Following the denial of his motion for new trial, he appeals, contending that the trial court erred in failing to direct a verdict of not guilty by reason of insanity pursuant to OCGA § 16-3-3 delusional compulsion1 and in failing to accurately respond to a jury note about his level of burden to establish insanity. He further contends that his trial counsel was ineffective. For the reasons presented below, we affirm.

Simon “may be found ‘not guilty by reason of insanity at the time of the crime’ if he meets the criteria of . . . OCGA § 16-3-3 , acted because of a delusional compulsion which overmastered Simon’s will to resist committing the crime at the time of the commission of the crime.” OCGA § 17-7-131 c 1. The appropriate standard of appellate review is whether the evidence, when construed most favorably for the State, would be sufficient to authorize a rational trier of fact to find that Simon failed to prove by a preponderance of the evidence that he was insane at the time of the crimes.

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