TWIN FALLS -- The lawyer for a murder suspect in southern Idaho is mounting an uphill fight to overturn the state's ban on using an insanity defense, even though the Idaho Supreme Court has already upheld the prohibition on numerous occasions.

Marilyn Paul, Twin Falls County's chief public defender, represents 32-year-old Damon Azure, who is accused of murdering his brother earlier this year.

On March 16, the court found Azure lacked the mental fitness to proceed in the case and that he wasn't competent enough to make his own treatment decisions.

On Sept. 27, Paul filed a motion asking 5th District Judge Randy Stoker to declare the ban on the insanity defense unconstitutional.

The Twin Falls Times-News reports that she argues the insanity defense is deeply rooted in history.

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