Hoey v. State

COLE, Judge.

We shall answer three questions in this appeal: (1) Were the defendant’s confessions, under the circumstances presented, properly admitted at trial? (2) Was the testimony of a treating psychiatrist, introduced by the State to rebut the defendant’s proof of his lack of criminal responsibility, admissible when the State failed to disclose the expert witness to the defendant during discovery? and (3) Was it constitutional to place the burden of proof on the defendant to show that he was “not criminally responsible” for the crimes he committed?

We summarize the facts as follows. On…