People v. Wilburn
2012 CO 21
Colo.2012Background
- Wilburn was charged with violating bail bond conditions (18-8-212) after missing a court date for a traffic-stop related case; he planned to introduce expert testimony about a learning disorder (Disorder of Written Expression) to negate the knowingly mens rea element; the state demanded insanity as a prerequisite to a mental examination; the trial court ordered a 45-day court-ordered mental health examination and rejected a one-day outpatient option; the supreme court granted review to interpret sections 16-8-107(3)(b), 16-8-106 and related suicide-mental-condition provisions; the court ultimately held the trial court erred in requiring a 45-day commitment and in conflating insanity with expert evidence of a learning disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May expert testimony on a mental condition be admitted without insanity plea? | Wilburn. | Wilburn argued for admission under 16-8-107(3)(b) without insanity plea. | Yes; admissible under 16-8-107(3)(b) without insanity plea. |
| Does 16-8-106(1) allow trial courts to select examination place/time for 16-8-107(3)(b) evidence? | Prosecution. | Discretion should allow outpatient option. | Yes; trial court may specify place and time. |
| Must insanity plea be entered to admit expert mental-condition testimony? | Prosecution urged insanity admission. | Learning disability not equivalent to insanity. | Not required; expert testimony admissible without insanity plea for non-severe mental conditions. |
| Is learning disability within the scope of 16-8-107(3)(b) as a mental condition? | Evidence supports a learning disability as a mental condition. | Disability not constituting insanity; allowed under 3(b) | Within scope; not a severer insanity condition. |
| What is the appropriate remedy on appeal? | N/A | N/A | Remand for proceedings consistent with opinion; trial court to set appropriate exam terms. |
Key Cases Cited
- People v. Flippo, 159 P.3d 100 (Colo. 2007) (distinguishes insanity vs. mental condition evidence under 16-8-107(3)(a),(b))
- People v. Vanrees, 125 P.3d 403 (Colo. 2005) (mental condition evidence without insanity plea allowed; 'mental slowness' aid to mens rea)
- Laeke, 2012 CO 13, 271 P.3d 1111 (Colo. 2012) (statutory intent guiding mental-condition and insanity provisions)
- Hendricks v. People, 10 P.3d 1231 (Colo. 2000) (statutory interpretation guiding care in mental-exam proceedings)
- (undefined), (Colo. 2007) () ((cited for statutory interpretation principles))