Utah § 77-15a-105 Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.

Utah Statutes

§ 77-15a-105 — Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.

Utah § 77-15a-105

Title 77Utah Code of Criminal Procedure

Ch. 77-15aExemptions From Death Penalty In Capital Cases

This text of Utah § 77-15a-105 (Defendant's wilful failure to cooperate -- Expert testimony regarding intellectual disability is barred.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 77-15a-105 (2026).

Text

(1)If the defendant files notice, raises the issue, or intends to present evidence or make an argument that the defendant is exempt from the death penalty under this chapter, the defendant shall make himself available and fully cooperate in any examination by mental health experts appointed by the Department of Health and Human Services and any other independent examiners for the defense or the prosecution.

(2)If the defendant wilfully fails to make himself available and fully cooperate in the examination, and that failure is established to the satisfaction of the court, the defendant is barred from presenting expert testimony relating to any exemption from the death penalty under this chapter.

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(1) If the defendant files notice, raises the issue, or intends to present evidence or make an argument that the defendant is exempt from the death penalty under this chapter, the defendant shall make himself available and fully cooperate in any examination by mental health experts appointed by the Department of Health and Human Services and any other independent examiners for the defense or the prosecution.
(2) If the defendant wilfully fails to make himself available and fully cooperate in the examination, and that failure is established to the satisfaction of the court, the defendant is barred from presenting expert testimony relating to any exemption from the death penalty under this chapter.