People v. Valdez

Defendant and her live-in boyfriend were convicted of first-degree murder for the death of her son. Defendant pursued numerous issues on direct appeal, including that the trial court erred when it denied instruction on the lesser-included offense of child-endangerment, that the court erred when it excluded evidence of defendant’s diminished mental capacity, and that the trial court failed to take into account mitigating evidence at sentencing. The appellate court affirmed and explained, among other findings, that the term “diminished capacity” should no longer be used and instead evidence regarding mens rea should be considered “like any other expert testimony.” (GORDON, specially concurring, and McBRIDE, specially concurring.)