McKinniss v. State

HANLON, MORTON J., Associate Judge.

Prior to trial appellant, Richard Eugene McKinniss, moved for the appointment of a psychiatric expert to assist his attorney in the preparation of his defense of a claim of insanity. The lower court denied his motion. We reverse.

Appellant’s attorney timely filed a Notice of Intention to Claim Insanity Defense, in which he alleged that at the time of the offense appellant was unable to determine right from wrong and did not know the nature and quality of his acts. Simultaneously counsel filed a Motion for Appointment of Psychiatric and Competency Exam,…