7.11Raising Alibi or Insanity Defenses
In order to raise an alibi or an insanity defense in juvenile delinquency proceedings, the following timing and notice requirements must be met:
“(1) Within 21 days after the juvenile has been given notice of the date of trial, but no later than 7 days before the trial date, the juvenile or the juvenile’s attorney must file a written notice with the court and prosecuting attorney of the intent to rely on a defense of alibi or insanity. The notice shall include a list of the names and addresses of defense witnesses.
(2) Within 7 days after receipt of notice, but no later than 2 days before the trial date, the prosecutor shall provide written notice to the court and defense of an intent to offer rebuttal to the above-listed defenses. The notice shall include names and addresses of rebuttal witnesses.
(3) Failure to comply with subrules (1) and (2) may result in the sanctions set forth in MCL 768.21.” MCR 3.922(C).
It is unclear whether Michigan’s statutory “guilty but mentally ill” verdict, MCL 768.36, applies in juvenile delinquency cases. See In re Ricks, 167 Mich App 285, 293-294 (1988) (Court of Appeals declined to address the issue because the trial court agreed with the respondent’s argument that “the statute has no applicability in a juvenile proceeding”), and MCR 3.942(D) (verdict in delinquency proceeding must be guilty or not guilty of either the offense charged or a lesser-included offense). See also People v Abraham (Nathaniel), 256 Mich App 265, 271 n 2 (2003), citing People v Carpenter (James), 464 Mich 223, 237 (2001) (diminished capacity is not a cognizable defense in Michigan).