General Provisions
Notice of mental defense
- when report required
- contents of report
- plea
Notes of Decisions
Nothing in this section or any other section authorizes court, over defendant's objection, to impose defense of not responsible due to mental disease or defect, whether or not state requests it. State v. Peterson, 70 Or App 333, 689 P2d 985 (1984)
Criminal defendant who shows just cause for not filing notice of intent to present insanity defense at time of plea may file notice at any time before trial, and need not file notice as soon as possible. State v. Robinson, 288 Or App 194; 406 P3d 200 (2017)
Evidence of mental illness offered by caseworker of defendant to show defendant lacked required mental state not "expert testimony" requiring prior notice. State v. Bales, 289 Or App 470, 410 P3d 1088 (2017)
Law Review Citations
51 OLR 428 (1972); 52 OLR 285-295 (1973)
Notes of Decisions
A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)
Law Review Citations
2 EL 237 (1971); 51 OLR 427-637 (1972)
Criminal Code
(Generally)
Notes of Decisions
Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied