Legal Opinion

Thomas L. Esmond v. State of Indiana

Indiana Court of Appeals

Decided November 13, 2014No. 56A05-1404-CR-163PublishedCited by 2 opinions

1Opinion of the Court

OPINION

MATHIAS, Judge.

Thomas L. Esmond (“Esmond”) brings this interlocutory appeal from the order of the Newton Superior Court requiring him to undergo a psychiatric evaluation by the State’s mental health expert without the presence of counsel. Because the Indiana Supreme Court has held that a defendant who raises an insanity defense has no right to the presence of counsel during a psychiatric examination, we affirm.

*214Facts and Procedural History-

According to the charging information, on December 18, 2012, Esmond stabbed an eight-year-old boy in the chest and arms at a home in Kentland,…

Also in this document: Concurrence.

2Cases cited11 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. United States v. WadeSupreme Court of the United States · 1967
  3. Estelle v. SmithSupreme Court of the United States · 1981
  4. Buchanan v. KentuckySupreme Court of the United States · 1987
  5. Malinski v. StateIndiana Supreme Court · 2003

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3Cited by2 opinions

  1. Michael Miller v. State of IndianaIndiana Court of Appeals · 2017
  2. Matthew S. Simons v. State of Indiana (mem. dec.)Indiana Court of Appeals · 2018

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