Arizona Supreme Court
State of Arizona v. the Honorable Hugh Hegyi, Judge of the Superior Court of the State of Arizona, in and for The…
July 7, 2017242 Ariz. 415
Summary
The court held that a defendant who asserts an insanity defense and voluntarily undergoes a mental-health examination must disclose the expert's complete report, including statements concerning the charged offenses. The Fifth Amendment does not bar disclosure because the examination was voluntary, and asserting the insanity defense waives the applicable privilege. The court disapproved contrary authority permitting redaction, while limiting the State's use of the statements to rebutting the insanity defense rather than proving guilt.