The Arizona Courtroom of Appeals acknowledged that the court docket had beforehand accepted particular motion jurisdiction in circumstances involving motions to compel mental-health examinations, however in a problem of first impression, now addressed whether or not non-expert witness testimony opens the door to a court-ordered examination for rebuttal functions.
The state of Arizona accused Fernando Acosta of attacking and killing his girlfriend following a single automobile accident, according to the opinion. After his arrest, Acosta examined constructive for methamphetamine, amphetamine, THC, and the antidepressant medicine, midazolam, and the anti-psychotic medicine, haloperidol. Acosta was charged with first-degree homicide, kidnapping, aggravated assault, possession of harmful medicine, and possession of marijuana on the market and filed a discover of intent to hunt the dying penalty.