Ex Parte Tonya G. Cate. (in Re Tonya G. Cate v. State of Alabama)

Summary

The Supreme Court of Alabama granted mandamus relief and ordered the trial court to vacate the portion of its order requiring Tonya Cate to undergo an examination concerning her mental condition at the time of the alleged capital offense. The court held that Rule 11.2(a)(2) requires a defendant to timely raise a defense of not guilty by reason of mental disease or defect before the court may order that examination, and that the statute does not expand the rule. The court left undisturbed the order requiring an examination concerning Cate's competency to stand trial. Justice Murdock, concurring in the result, questioned the majority's broader statutory conclusion but agreed that mitigation evidence did not constitute notice of an intent to use mental disease or defect as a defense to criminal responsibility.