Section 15.9 Provision for Examination

• Library: Criminal Practice 2012 Supp

4. (§15.9) Provision for Examination

Section 552.020.2, RSMo 2000, provides that:

Whenever any judge has reasonable cause to believe that the accused lacks mental fitness to proceed, he shall, upon his own motion or upon motion filed by the state or by or on behalf of the accused, by order of record, appoint one or more private psychiatrists or psychologists, as defined in section 632.005, RSMo, or physicians with a minimum of one year training or experience in providing treatment or services to mentally retarded or mentally ill individuals, who are neither employees nor contractors of the department of mental health for purposes of performing the examination in question, to examine the accused; or shall direct the director to have the accused so examined by one or more psychiatrists or psychologists, as defined in section 632.005, RSMo, or physicians with a minimum of one year training or experience in providing treatment or services to mentally retarded or mentally ill individuals. . . .

The trial court was not required to order a mental examination of the defendant when there were no supporting affidavits, no evidence of past medical problems, and no psychological or psychiatric reports, even though the defendant wrote a bizarre bond reduction letter to the trial court and dressed as a woman throughout the proceeding. State v. Antone, 724 S.W.2d 267 (Mo. App. W.D. 1986).

In another case, the defendant filed a...