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Motion for Untimely Filing of Insanity Defense

Motion for Untimely Filing of Insanity Defense

150 150 Cohen, Bradshaw, Rothstein & Klein

DEFENDANT, by and through the undersigned counsel and pursuant to Rule 3.216, Washington DC Rules of Criminal Procedure, hereby requests this Honorable Court to allow the untimely filing of the Defendant’s Notice of Intent to Rely Upon the Defense of Insanity at the Time of the Offense. As grounds for this Motion, Defendant states as follows:

  1. The Defendant is charged by Information in this case with Count 1: Aggravated Assault Upon a Law Enforcement Officer (F2) and Count 2: Criminal Mischief (M1). Count 1 of the Information carries a mandatory-minimum prison sentence.  These charges arise from an incident that occurred on September 5, 2009.
  2. After consulting with the Defendant in early 2010, investigation commenced into the possibility of a mental health defense.  In March 2010, undersigned counsel received approval to proceed with an expert evaluation of the Defendant to determine the viability of a mental health defense.  Subsequently, a mental health expert conducted three separate evaluations on the Defendant between March and May 2010 and a report was submitted to undersigned counsel August 2010.
  3. Although Rule 3.216(c) provides that a Notice of Intent to Rely Upon the Defense of Insanity at the Time of the Offense be filed within 15 days of arraignment or the filing of a written plea of not guilty, the Defendant requests this Court waive filing deadline and allow the untimely filing of notice.
  4. The delays in filing said Notice were not the fault of Defendant, and the State of Washington DC will not be prejudiced in preparation for trial.

WHEREFORE, Defendant requests that this Honorable Court extend the statutory time for filing his Notice of Intent to Rely upon the Defense of Insanity so that he may properly prepare for trial.