Qualifying mental disorder affecting fitness to proceed
Source:
Section 161.360 — Qualifying mental disorder affecting fitness to proceed, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html (accessed May 26, 2025).
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)
For both state and federal law purposes, competency to be sentenced is tested by same standard that applies to other stages of criminal proceeding, but assessment must be specific to context of sentencing and what sentencing proceeding entails. State v. Simon, 294 Or App 840, 433 P3d 385 (2018), Sup Ct review denied
Attorney General Opinions
Right of mentally diseased person to vote, (1972) Vol 35, p 1220