Defense Counsel Can’t Present an Insanity Defense without the Defendant’s Consent

The court of appeals recently addressed an issue that has divided courts elsewhere: whether defense counsel may present an insanity defense without the defendant’s consent. The court ruled that defense counsel may not do so, stating that “because the decision of whether to plead not guilty by reason of insanity is part of the decision of what plea to enter, the right to make that decision is a substantial right belonging to the defendant.” The case is State v. Payne. Facts. The defendant pointed a gun at her daughter, who screamed for her brother. The brother came running and a scuffle ensued in which the defendant shot both her daughter and her son. The defendant then ran outside, tried to get hit by a car, and began cutting her wrists with a knife. She was arrested and charged with attempted first-degree murder and other crimes. Mental health assessments. A forensic nurse practitioner evaluated the defendant the next day and determined that she was suffering from psychosis at the time of the shooting. Later, the defense retained a mental health expert, and the defendant was committed to Central Regional Hospital for a competency evaluation by a state-employed expert. Competency. The court initially ruled that the defendant was not competent to stand trial, but months later revisited the issue and found her competent. Sanity. Defense counsel sought a pretrial determination of whether the defendant was not guilty by reason of insanity, pursuant to G.S. 15A-959(c), which provides: Upon motion of the defendant and [...]