People v. Chapman

In People v. Chapman, 165 Mich App 215; 418 NW2d 658 (1987), the defendant, three months before trial, petitioned for a psychiatric evaluation to determine his criminal responsibility and ability to assist counsel in preparing a defense. The Court held that "the petition requesting a psychiatric evaluation was sufficient notice of defendant's intent to assert an insanity defense." Id. at 217. Such being the case, the trial court in Chapman erred by denying the defendant's petition because MCL 768.20a(2); MSA 28.1043(1)(2), provided that upon receipt of a notice of intention to assert an insanity defense, "a court shall order the defendant to undergo an examination relating to his . . . claim of insanity . . . ." Id. at 218.