State v. Fichera

Because I believe that the trial court properly exercised its discretion in striking the defendant’s insanity defense, I respectfully dissent.

I agree with the majority’s reaffirmation of the rule permitting defendants to establish an insanity defense using lay witness testimony. However, J disagree with the majority’s conclusion that the defendant’s notice of affirmative defense was sufficient to allow an insanity defense at trial. Superior Court Rule 101, which the parties agree applies to this case, requires that defendants intending to claim a defense specified in the *602Criminal Code file…