WA Legal Roundup - Washington Supreme Court
Under the slayer statute, one who has committed an intentional unlawful murder can't take as an heir. Kissinger's son killed her, but was found not guilty by reason of insanity. In a 9-0 decision, the court held that a criminal defense of insanity doesn't preclude a civil finding that the murder was intentional and unlawful.
My initial reaction was to ask how one could be volitional if he wasn't sane at the time. In other words, wouldn't a finding by a jury that the Defendant was criminally insane necessarily be a finding that the act was not willful? However, the criminal insanity defense doesn't focus on the willfulness of the killings, but whether the Defendant could distinguish from right or wrong. Thus, he may have very well killed willfully even though he was criminally insane. Thus, Kissinger's son doesn't win summary judgment on the slayer issue, and must fight that civilly.
On a side note...Slayer rocks!
(The Slayer Issue?)