General Provisions
Qualifying mental disorder affecting fitness to proceed
Notes of Decisions
Competency to stand trial includes competency to choose whether to assert defense of nonresponsibility and court may not impose such defense over objection of defendant who was represented by counsel, had not raised defense and had been found competent to stand trial. State v. Peterson, 70 Or App 333, 689 P2d 985 (1984)
Where section makes it clear that motion for determination of fitness to proceed is not untimely at any time before or during trial in any criminal case and court did not discharge its duty to assess defendant's fitness to proceed, trial court erred in denying defendant's motion as untimely. State v. Gilmore, 102 Or App 102, 792 P2d 1242 (1990)
Atty. Gen. Opinions
Right of mentally diseased person to vote, (1972) Vol 35, p 1220
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