Rule 12.3 – Notice of defense of unconsciousness, automatism, or traumatic automatism

May 14, 2021 | Criminal Procedure, Wyoming

(a) Notice by defendant.

Upon written demand of the attorney for the state, stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within 10 days, or at such different time as the court may direct, upon the attorney for the state, a written notice of the defendant’s intention to offer a defense of unconsciousness, automatism, or traumatic automatism. Such notice by the defendant shall state with particularity the facts upon which the defendant relies to justify the defense of unconsciousness, automatism, or traumatic automatism and the name and addresses of the witnesses upon whom the defendant intends to rely to establish such defense.

(b) Examination of defendant.

Upon the filing of such notice by the defendant, the court shall order an examination of the defendant by a designated examiner. A written report of such examination shall be filed with the clerk of court, and the report shall include detailed findings and an opinion of the examiner as to whether the defendant did suffer from unconsciousness, automatism, or traumatic automatism at the time of the alleged offense. The clerk of court shall furnish copies of the report to the attorney for the state and the defendant or the defendant’s counsel.

(c) Disclosure of information by state.

Within 10 days after the examiner’s report is served upon the attorney for the state, but in no event not less than 10 days before trial unless the court otherwise directs, the attorney for the state shall serve upon the defendant or the defendant’s attorney a written notice stating the names and addresses of the witnesses upon whom the state intends to rely to establish that the defendant did not, at the time of the alleged offense, suffer from unconsciousness, automatism, or traumatic automatism and any other witnesses, to be relied upon to rebut testimony of any of the defendant’s witnesses relating to such a defense.

(d) Continuing duty to disclose.

If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subdivision (a) or (b) the party shall promptly notify the other party or the attorney for the other party of the existence and identity of such additional witness.

(e) Failure to comply.

Upon the failure of either party to comply with the requirements of this rule, the court may exclude the testimony of any undisclosed witness offered by such party as to the defense of unconsciousness, automatism, or traumatic automatism. This rule shall not limit the right of the defendant to testify on the defendant’s own behalf.

(f) Exceptions.

For good cause shown, the court may grant an exception to any of the requirements of subdivisions (a) through (e).

(g) Inadmissibility of withdrawn defense.

Evidence of an intention to rely upon the defense of unconsciousness, automatism, or traumatic automatism later withdrawn, or of statements made in connection with such intention, is not, in any civil or criminal proceeding, admissible against the person who gave notice of the intention.

Wyo. R. Prac. & P. 12.3