McClain v. State

ON PETITION TO TRANSFER

BOEHM, Justice.

This is an interlocutory appeal from the Marion Superior Court. The question for decision is whether the trial court erred in granting the State’s motion in limine excluding expert testimony on sleep disorders and dissociative states because the defendant, David M. McClain, withdrew his insanity defense. 1 The Court of Appeals held that evidence McClain seeks to present on automatism and sleep deprivation is a species of the insanity defense and, accordingly, is subject to the notice requirements of Indiana Code § 35-36-2-1. McClain v. State, 670 N.E.2d…