An Insanity Defense Appeal for the Supreme Court

The Supreme Court announced that it has granted certification in State v. Arrington.  The question presented, as phrased by the Supreme Court Clerk’s office, is “Can a criminal defendant advance an insanity defense under N.J.S.A. 2C:4-1 without expert testimony?” 

The Law Division held that defendant could not testify at trial about his own allegedly insane mental state without accompanying expert testimony from a qualified mental health professional.  A three-judge panel of the Appellate Division affirmed that result in an unpublished opinion.