Section 15.20 Timeliness of Notice of Defense

• Library: Criminal Practice 2012 Supp

C. (§15.20) Timeliness of Notice of Defense

The accused must give timely notice of the intention to rely on the defense of mental disease or defect excluding responsibility, or evidence of this defense will not be admissible. The accused must either enter a plea of not guilty by reason of mental disease or defect at the arraignment or give notice of it within the statutory time. If the state files the appropriate discovery motion, this notice must be given:

at arraignment;

within ten days thereafter; or

at such later date as the court may for good cause permit.

If the defense of mental disease or defect is not raised in accordance with the statutory requirements of § 552.030.2, RSMo 2000, the trial court has considerable discretion of whether to permit the defendant...