In re Colorado v. Wilburn
Annotate this CaseDefendant Tyler Wilburn announced his intent to introduce expert testimony of a learning disability to challenge whether he "knowingly" violated his bail bond condition, a mistake-of-fact defense (he missed his court date after he allegedly wrote down the wrong date). The prosecution maintained that Defendant had to plead not guilty by reason of insanity in order to introduce expert testimony of his mental condition, a plea which requires a "commitment" to a state mental health facility. The trial court agreed and ordered Defendant committed for forty-five days to a state facility to conduct a court-ordered mental examination. Upon review, the Supreme Court reversed the trial court and made the rule absolute: Defendant's proposed expert testimony of a learning disability was admissible under the procedures of section 16-8-107(3)(b), which requires notice and a court-ordered mental examination. Defendant was not required to plead insanity to challenge whether he possessed the mens rea for the offense with expert testimony concerning his learning disability. Under section 16-8-106, the trial court has discretion to consider the circumstances and the nature of Defendant's defense to set a reasonable time, place, and length for a court-ordered mental health examination.
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