Evidence that the defendant suffered from a mental disease or disorder or developmental disability is admissible to prove that the defendant did or did not have a state of mind that is an element of the offense.
Mont. Code Ann. § 46-14-102
Evidence of mental disease or disorder or developmental disability admissible to prove state of mind
Applied in 7 court decisions — leading case Foucha v. Louisiana (1992)
Most recently applied in 140 S. Ct. 1021 - Kahler v. Kansas (March 2020)
En. 95-502 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-502; amd
How often courts cite this section
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.
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.