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KRS 504.070

Evidence by defendant of mental illness or insanity -- Examination by psychologist or psychiatrist by court appointment -- Rebuttal by prosecution

Applied in 21 court decisions — leading case Mills v. Commonwealth (1999)

Most recently applied in Sanborn v. Parker (December 2010)

Effective: July 15, 2024 History: Amended 2024 Ky

How often courts cite this section

198419902000201030
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A defendant who intends to introduce evidence of his or her:

(a) Mental illness or intellectual disability bearing on the issue of guilt, punishment, or both; or (b) Insanity at the time of the offense; shall file written notice of his or her intention at least ninety (90) days before trial.

(2) The prosecution shall be granted reasonable time to move for examination of the defendant, or the court may order an examination on its own motion.

(3) If the court orders an examination, the defendant shall be examined and his or her mental condition reported, as provided in KRS 504.080. If it appears the examination will not be completed before the trial date, the court may, on its own motion or on motion of either party, postpone the trial date until after the examination.

(4) No less than ten (10) days before trial, the prosecution shall file the names and addresses of witnesses it proposes to offer in rebuttal along with reports prepared by its witnesses.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.