State v. Hix

This cause raises a single issue. Does R.C. 2945.39 mandate that a defendant who pleads not guilty by reason of insanity be provided with an independent examiner of his choice to determine defendant’s sanity? For the following reasons, we find that a defendant has no such automatic entitlement.

R.C. 2945.39 provides in pertinent part:

“(A) If a defendant enters a plea of not guilty by reason of insanity, the court may order one or more, but not more than three, evaluations of the defendant’s mental condition at the time of the commission of the offense.

“(3) * * * If more than one examination is…