Offenses Against Persons
Extreme emotional disturbance as affirmative defense to murder in the second degree
- notice of expert testimony
- right of state to psychiatric or psychological examination
Notes of Decisions
The state’s right to make a psychiatric examination of the defendant can be exercised during the trial. State v. Akridge, 23 Or App 633, 543 P2d 1073 (1975)
In determining whether defendant has acted under influence of extreme emotional disturbance, personality characteristics or traits are not relevant. State v. Ott, 297 Or 375, 686 P2d 1001 (1984); State v. Wille, 317 Or 487, 858 P2d 128 (1993)
Affirmative defense under this provision and affirmative defense of mental disease or defect under ORS 161.295 are not mutually exclusive. State v. Counts, 311 Or 616, 816 P2d 1157 (1991)
Extreme emotional disturbance is not defense to aggravated felony murder. State v. Wille, 317 Or 487, 858 P2d 128 (1993)
Defense of extreme emotional distress is unavailable for
charge of attempted murder. Kibble v. Baldwin, 135 Or App 540, 899
P2d 731 (1995)
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)
Evidence of defendant’s anxiety disorder is relevant to “actor’s situation” portion of affirmative defense of extreme emotional disturbance. State v. Zielinski, 287 Or App 770, 404 P3d 972 (2017)