STATE v. HIX

No. 87-2166.

38 Ohio St. 3d 129 (1988)

THE STATE OF OHIO, APPELLANT, v. HIX, APPELLEE.

Supreme Court of Ohio.

Decided August 3, 1988.


Attorney(s) appearing for the Case

Lee C. Falke, prosecuting attorney, and Mark B. Robinette, for appellant.

Meily & Mues, William D. Meily and Mary Beth Caudill, for appellee.


DOUGLAS, J.

This cause raises a single issue. Does R.C. 2945.39 mandate that a defendant who pleads not guilty by reason of insanity be provided with an independent examiner of his choice to determine defendant's sanity? For the following reasons, we find that a defendant has no such automatic entitlement.

R.C. 2945.39 provides in pertinent part:

"(A) If a defendant enters a plea of not guilty by reason of insanity, the court may order one or more...

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