believe there are some states that have mentally ill but 'it is not a defense to what you did." do not know TX law on this. there is a lot we do not know about MF- how she interacted with CG, everything she might have said to other people. maybe she was convincing- her atty said that he thought she was pregnant, of course he only saw her sporadically, and would not have been patting her stomach. suspect that she had to be somewhat isolated to maintain her role, but really not sure how delusional she was, IMO.
Doesn't appear that Texas is one of the states that has guilty, but mentally ill option (Think of Hemi Neuman in Georgia case who got that)
The state Texas uses the M'Naghten Rule with the Irresistible Impulse Test. The burden of proof is on the defendant. The test focuses on whether the alleged offender knew the natures of their crimes and understood the difference between right and wrong during the offense. For Texas, it is essential that the offender prove the latter of the M’Naghten to be able to use the insanity defense.
If the offender did understand the moral ramifications of their crime, he or she may call upon the Irresistible Impulse Test. The Irresistible Impulse Test expands the legal definition for insanity in Texas courts. The test measures not only if the alleged offender knew the difference between right and wrong, but also whether he or she could control their impulses due to a mental disorder, leading to the commission of a criminal act.
The Insanity Defense Among the States - FindLaw
In cases where the insanity defense is successful, the defendant will be acquitted of all their charges. However, this does not mean a person will be freed into the general public. Texas Code of Criminal Procedure §46C.002 states the following proceedings if a person is acquitted by reasons of insanity:
He or she will be committed to a mental hospital, inpatient, residential care facility, or ordered outpatient or community-based treatment and supervision for a cumulative period; and
The period cannot exceed the maximum term provided by law for the offense of which the acquitted person was tried of; and
On expiration of that maximum term, the alleged offender may be still confined in their court-ordered treatment or program only under civil commitment proceedings.
In other words, the defendant will be committed for as long as they would have been incarcerated if sane. For example, if the crime was a second-degree felony then the acquitted person may be committed for up to twenty years.
San Antonio Attorneys for Insanity Plea in Bexar County, Texas