This section contains the nature of the case and procedural background.

Hendershott (D) was living with Patricia in a boarding house. Things were not going well, and Patricia asked D to leave. D then proceeded to beat Patricia and was arrested for third-degree assault. During pretrial discovery, it was learned that D was going to claim a mental brain disorder that would not allow him to form the necessary mens rea for the crime charged. A pretrial motion was filed by the DA that the crime charged was not a specific intent crime and that the evidence that was going to be submitted was not admissible as the crime charged was one of recklessness. The evidence was ruled inadmissible. D was found guilty and D appealed.

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