Section 15.12 Issue Raised by Defense

• Library: Criminal Practice 2012 Supp

7. (§15.12) Issue Raised by Defense

The issue of mental disease or defect of the accused is usually raised by the defense attorney, who files with the trial court a notice of intention to rely on the defense and a motion requesting the court to order a psychiatric examination. If the mental condition of the accused is quite obvious, the prosecuting attorney will normally not oppose the motion for mental examination. If the prosecuting attorney does oppose the motion, defense counsel should be prepared to present competent evidence that will convince the trial court that there is reasonable cause to believe the accused’s condition. Psychiatric treatment that is remote in time is not sufficient to require a trial court to order a mental examination for the purpose of determining the accused’s fitness to proceed. State v. Harris,
477 S.W.2d 42 (Mo. 1972). The Supreme Court of Missouri has held that a prior adjudication of mental fitness of the accused is relevant. Burton v. State, 641 S.W.2d 95, 98 (Mo. banc 1982). If counsel truly feels that the defendant is suffering from a mental disease or defect, counsel should present all of the evidence to substantiate this condition to...