Is Court's Failure to Address Defendant's Insanity Plea at Trial 'Structural Error' that Requires a New Trial?

When Defendant Presented No Evidence or Argument in Support of Plea

10th District Court of Appeals (Franklin County)

ISSUES:

* When a criminal defendant enters initial pleas of both not guilty and not guilty by reason of insanity (NGRI) and does not withdraw the NGRI plea, if the defendant presents no evidence and makes no argument at trial in support of an insanity defense, does the trial court's failure to address or instruct the jury on the insanity plea constitute "structural error" that requires a reviewing court to vacate the jury's guilty verdict and grant the defendant a new trial?

* Under the circumstances described above, does failure of the defendant's trial counsel either to request a jury instruction on the NGRI plea or withdraw that plea constitute ineffective assistance of counsel sufficiently prejudicial to require a new trial?