Section 7.23 Mental Disease or Defect

• Library: Criminal Practice 2012 Supp

4. (§7.23) Mental Disease or Defect

Under Rule 25.05(A)(4), the defendant must furnish to the state a written statement of the intention to rely on mental disease or defect. The purpose of this notification is to prevent surprise to the state. State v. Isa, 850 S.W.2d 876, 886 (Mo. banc 1993). In Isa the Court held that changes in the defendant’s demeanor and her ability to recall events were not sufficient reasons to permit the defendant to file an untimely notice of her intent to rely on a defense of...