The Honorable Wendy Wexler-Horn, Judge of the Circuit Court of the County of St. Francois, 24th Judicial Circuit Missouri Cases
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Anthony Caruthers, facing murder and other charges, sought a writ of prohibition to prevent the circuit court from ordering a mental evaluation under Chapter 552. Caruthers intended to present a diminished capacity defense, not a not guilty by reason of mental disease or defect (NGRI) defense. The Missouri Supreme Court made the preliminary writ of prohibition permanent, holding that Chapter 552 does not authorize a mental evaluation for a diminished capacity defense, nor does it allow the court to order an opinion on whether the defendant lacked a state of mind that is an element of the charged offense.