State v. Honorable Hugh HegyiAnnotate this Case
Pursuant to Ariz. R. Crim. P. 11.4(b), a defendant who asserts an insanity defense and voluntarily undergoes a mental health exam must disclose a complete copy of the mental health expert’s examination report, including any statements made by the defendant concerning the pending charges against him.
Defendant asserted the defense of insanity, or guilty except insane, to charges for armed robbery and felony murder. Two experts prepared reports that included statements that Defendant made about the pending charges. When the State requested copies of the experts’ reports defense counsel produced copies but redacted Defendant’s statements. The State filed a motion to compel, seeking disclosure of unredacted copies. The superior court denied the motion based on Austin v. Alfred, 163 Ariz. 397 (Ariz. Ct. App. 1990). The court of appeals reversed. The Supreme Court affirmed, holding that Rule 11.4(b) requires a defendant to disclose his statements contained in a mental health expert’s report. The court thus disapproved of Austin to the extent it holds that such statements must be redacted under Rule 11.4(b).