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Four states—Kansas, Utah, Idaho, and Montana—have eliminated the defense entirely and only an estimated one percent of all felony cases involve an insanity plea. However, the defense argued that this was not indifference but insanity. It is fairly rare to win a case on the grounds of an insanity defense.
We have previously discussed Castle Doctrine laws or “make my day” laws, including other cases involving garage shootings or shootings off the property of the homeowner. This includes the Montana case of Brice Harper, 24, who gunned down Dan Fredenberg, 40, in his garage.
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