Wyoming § 7-11-305 Pleas of not guilty and not guilty by reason of
mental illness or deficiency; burden of proof; expert witnesses

Wyoming Statutes

§ 7-11-305 — Pleas of not guilty and not guilty by reason of mental illness or deficiency; burden of proof; expert witnesses

Wyoming § 7-11-305

Title 07Criminal Procedure

Ch. 11TRIAL AND MATTERS INCIDENT THERETO

Art. 3MENTAL ILLNESS OR DEFICIENCY

This text of Wyoming § 7-11-305 (Pleas of not guilty and not guilty by reason of mental illness or deficiency; burden of proof; expert witnesses) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 7-11-305 (2026).

Text

(a)When a defendant couples a plea of not guilty with a plea of not guilty by reason of mental illness or deficiency, proof shall be submitted before the same jury in a continuous trial on whether the defendant in fact committed the acts charged, on the remaining elements of the alleged criminal offense and on the issue of mental responsibility of the defendant. In addition to other forms of verdict submitted to the jury, the court shall submit a verdict by which the jury may find the defendant not guilty by reason of mental illness or deficiency excluding responsibility.

(b)The prosecution shall prove beyond a reasonable doubt all the elements of the offense charged. Every defendant is presumed to be mentally responsible. The defendant shall have the burden of going forward and proving

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(a) When a defendant couples a plea of not guilty with a
plea of not guilty by reason of mental illness or deficiency,
proof shall be submitted before the same jury in a continuous
trial on whether the defendant in fact committed the acts
charged, on the remaining elements of the alleged criminal
offense and on the issue of mental responsibility of the
defendant. In addition to other forms of verdict submitted to
the jury, the court shall submit a verdict by which the jury may
find the defendant not guilty by reason of mental illness or
deficiency excluding responsibility.
(b) The prosecution shall prove beyond a reasonable doubt
all the elements of the offense charged. Every defendant is
presumed to be mentally responsible. The defendant shall have
the burden of going forward and proving by the greater weight of
evidence that, as a result of mental illness or deficiency, he
lacked capacity either to appreciate the wrongfulness of his
conduct or to conform his conduct to the requirements of the
law.
(c) Only the designated examiners who examined the
defendant pursuant to W.S. 7-11-303 or 7-11-304 are competent
witnesses to testify as to the defendant's mental
responsibility.
(d) In addition, the state and the defendant may summon
other expert witnesses who did not examine the defendant. Such
experts are not competent to testify as to the mental
responsibility of the defendant; however, they may testify as to
the validity of the procedures followed and the general
scientific propositions stated by other witnesses.
(e) The designated examiner who examined the defendant may
testify as to and explain the nature of his examinations, his
diagnosis of mental illness or deficiency of the defendant, and
his opinion as to the defendant's ability to appreciate the
wrongfulness of his conduct or to conform his conduct to the
requirements of law. The designated examiner may be
cross-examined as to his competence and the credibility of his
diagnosis and his opinion.