Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Fed. R. Crim. P. 12.2(a). Rule 12.2(a) provides in relevant part: If a defendant intends to rely upon the defense of insanity at the time of the alleged offense, the defendant shall, within the time provided for the filing of pretrial motions or at such later time as the court may direct, notify the attorney for the government in writing of such intention and file a copy of such notice with the clerk. A defendant who fails to comply with this provision may not raise insanity as a defense at trial without demonstrating 'cause' for the belated filing. Id.

If read literally, Rule 12.2(a) states that a defendant forfeits the right to assert an insanity defense only when a pretrial motion date passes without the filing of a notice of intent. Following this analysis to its logical end, if no pretrial motion date is set, no notice of intent, whenever filed, is untimely. Adopting this construction would subvert, rather then implement, the purpose of Rule 12.2(a).

The Advisory Committee Notes to Rule 12.2 make it clear that the objective of the notice requirement is 'to give the government time to prepare to meet the [insanity] issue, which ...

Register or login to access full content