Michigan Criminal Attorney Blog

In Michigan, defendants charged with murder may be ordered to undergo a psychiatric examination. The People will likely have a state sponsored doctor conduct an exam, and likewise, the defense will often request a similar study of the defendant. Sometimes the issue is the defendant's state of mind at the time of the alleged crime, other times the question is the defendant's general ability to tell right from wrong. The court may also inquire as to the defendant's ability to stand trial, whether she understands the charges against her and whether she is competent to stand trial. In People v Pinkney, the defendant was examined for criminal responsibility and competency to stand trial. These examinations may last a number of hours and take place over a period of days or weeks. The findings may spur a battle of the experts, that is if the defense and People's experts disagree as to the defendant's mental state.

To view the contents on www.wwj.com, go to:
http://www.wwj.com/Pinkney-To-Undergo-Evaluation-Before-Murder-Trial/5845939

The case of People v Pinkney progressed to the preliminary examination stage on December 1, 2009. Attorneys David Draper and Corbett Edge O'Meara held the examination. In Michigan, the preliminary exam is the People's opportunity to produce enough evidence for the district court judge to determine whether there is sufficient evidence to bind the defendant over for trial in the circuit court. Preliminary exams are only held in Michigan felony cases. They are often waived in cases where the defense would rather not make a permanent record of the alleged crime. Sometimes, the defense suspects that a witness may not be available for trial, so it is advantageous to waive the exam. In other cases, the defense wants to hear all that it can regarding the People's case. Often after the exam, the defense will move to dismiss certain or all of the charges.

To view the contents on www.tv20detroit.com, go to:
http://www.tv20detroit.com/news/local/78283867.html