Incompetance/Insanity and Discovery

Question 1

Insanity defense

Answer 1

D has burden of proving by clear and convincing evidence.
-Must notify court w/i 15 days after arraignment of intention to use defense, including nature of insanity and W’s to be called.

Question 2

Incompetence

Answer 2

D must be able to consult with his lawyer and understand proceedings against him.
-Court may order D examined by up to 3 experts.

-If after 5 years for felonies and 1 year for misdemeanors, competence doesn’t look likely, then charges dropped w/o prejudice.

Question 3

Discovery

Answer 3

Once D gives notice of intent for discovery, both parties have continuing obligation to disclose.

Question 4

Discovery - State obligation

Answer 4

State must disclose any info tending to negate D’s guilt.

W/i 15 days of D’s demand, State must disclose names/addresses of person’s, and info, it intends to use.

Question 5

Discovery - D’s obligation

Answer 5

Must disclose names/addresses of W’s, statements, expert reports, and info it intends to use.
-If using an alibi, must provide whereabouts at time of crime, and name/address) at least 10 days before trial

Question 6

Discovery depositions

Answer 6

Party may take deposition of any witness.
EXCEPT
i. In most misdemeanor or criminal traffic cases
ii. State witnesses who:
a. Only ministerially involved.
b. Whom state does not intend to call as a W
c. Whose involvement is fully set out in a police report given to D