Friar v. Erwin (Majority)
Annotate this CaseThe State charged Robert Friar with one count of capital murder, among other criminal offenses. If Friar was found guilty, the State intended to seek the death penalty. The State filed a motion for an order for a mental-health evaluation of Friar. Friar objected to the request, arguing that he was not raising mental disease or defect as a defense, nor would he claim a lack of fitness to proceed, but that he would seek to bar the State from seeking the death penalty due to his mental retardation. The circuit court granted the motion and entered orders for fitness-to-proceed and criminal-responsibility evaluations of Friar. Friar filed a petition for writ of mandamus or, alternatively, a writ of certiorari directing the circuit court to rescind its orders. The Supreme Court denied the writ of mandamus and granted the writ of certiorari on the criminal responsibility order, holding that the circuit court (1) did not err in ordering the fitness-to-proceed examination where it made a finding of reasonable suspicion; but (2) acted without jurisdiction in ordering Friar to submit to a criminal responsibility examination.
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