Right of state to obtain mental examination of defendant
- limitations
- report
Source:
Section 161.315 — Right of state to obtain mental examination of defendant; limitations; report, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
This section is basically a codification of the holding in State v. Phillips, 245 Or 466, 422 P2d 670 (1967), and it gives the defendant the right to object to the psychiatrist chosen by the state. State v. Corbin, 15 Or App 536, 516 P2d 1314 (1973), Sup Ct review denied
A psychiatrist examining the defendant for the state is an officer of the state when questioning defendant. State v. Corbin, 15 Or App 536, 516 P2d 1314 (1973), Sup Ct review denied
A defendant may waive his Fifth Amendment privilege against self-incrimination and consent to a psychiatric examination. State v. Corbin, 15 Or App 536, 516 P2d 1314 (1973), Sup Ct review denied
A valid consent to a psychiatric examination may not be obtained unless the defendant has been given a Miranda warning to the effect that his rights apply to the psychiatric examination and unless the defendant has knowingly and voluntarily waived those rights enumerated in Miranda. State v. Corbin, 15 Or App 536, 516 P2d 1314 (1973), Sup Ct review denied
The defendant should be required to answer questions not pertaining to the commission of the crime and if the defendant continues to refuse, the affirmative defense of mental defect will be stricken. State ex rel Johnson v. Richardson, 276 Or 325, 555 P2d 202 (1976)
Order issued pursuant to this section, requiring defendant to submit to psychiatric examination, was modified to strike provision which directed defendant’s counsel not to advise defendant to not answer any question which did not come within specific limitations, but order was not required to provide procedures for immediate rulings on objections to questions asked during examination. State ex rel Ott v. Cushing, 289 Or 705, 617 P2d 610 (1980)
Once notice of intent to rely on defense is given, state has unequivocal right to conduct multiple psychiatric examinations of defendant. State v. Moore, 324 Or 396, 927 P2d 1073 (1996); State v. Fulmer, 229 Or App 386, 211 P3d 942 (2009), Sup Ct review denied
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