New Hampshire v. MarchandAnnotate this Case
The Supreme Court granted an interlocutory appeal of a superior court order denying the State's request to compel Defendant Gary E. Marchand, to undergo a psychological evaluation by the State's expert. There were two issues presented to the Court: (1) does the right against self-incrimination prevent the State from compelling a defendant to undergo a psychological or psychiatric examination when he raises an insanity defense; and (2) if such examinations may be compelled, what procedures should trial courts use when ordering them? The Court answered the first question in the negative, and provide a procedural framework for courts to follow. Accordingly, the Court reversed in part, vacated in part, and remanded the case for further proceedings.