General Provisions
Finding of guilty except for insanity
- dispositional order
Notes of Decisions
Since dispositional hearing under former version of this section was final stage in criminal proceeding which had determined that accused was mentally ill when he engaged in criminal acts, review was confined to determining whether trial court findings were supported by substantial evidence. State v. Orans, 56 Or App 681, 642 P2d 1197 (1982)
Dispositional judgment of guilty except for insanity is not criminal judgment imposing sentence. State v. Gile, 161 Or App 146, 985 P2d 199 (1999)
Notes of Decisions
Under former version of these sections, Psychiatric Security Review Board could, at initial dispositional hearing, order only commitment to mental hospital or conditional release, so it had no authority to make independent redetermination of dangerousness of defendant or to order her discharged on basis of such redetermination. Adams v. Psychiatric Security Review Bd., 290 Or 273, 621 P2d 572 (1980)
Law Review Citations
18 WLR 23 (1982)
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