77-15a-105. Defendant's wilful failure to cooperate -- Expert testimony regarding
retardation is barred.
(1) If the defendant files notice, raises the issue, or intends to present evidence or make
an argument that the defendant is exempt from the death penalty under this chapter, the defendant
shall make himself available and fully cooperate in any examination by mental health experts
appointed by the Department of Human Services and any other independent examiners for the
defense or the prosecution.
(2) If the defendant wilfully fails to make himself available and fully cooperate in the
examination, and that failure is established to the satisfaction of the court, the defendant is barred
from presenting expert testimony relating to any exemption from the death penalty under this
chapter.
Enacted by Chapter 11, 2003 General Session
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Last revised: Thursday, May 28, 2009