Withdrawal of Successful Insanity Defense
Several cases have ruled that persons found not guilty by reason of insanity may not withdraw the defense in a habeas petition to pursue an alternative. However, other rulings have allowed it. In State v. Connelly, 700 A.2d 694 (Conn. App. Ct. 1997), for example, the petitioner who had originally been found not guilty by reason of insanity and committed for ten years to the jurisdiction of a Psychiatric Security Review Board filed a pro se writ of habeas corpus and the court vacated his insanity acquittal. He was granted a new trial and found guilty of the original charges, receiving a prison sentence of 40 years.
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“A separation situation is different for adults than it is for children. When we were very young children, a physical separation was interpreted as a violation of our inalienable rights....As we grew older, the withdrawal of love, whether that meant being misunderstood, mislabeled or slighted, became the separation situation we responded to.”
—Roger Gould (20th century)
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