STATE EX REL. JOHNSON v. RICHARDSON


555 P.2d 202 (1976)

276 Or. 325

STATE of Oregon ex rel. Lee Johnson, Attorney General, Plaintiff-Relator, v. Eugene K. RICHARDSON, Judge of the Circuit Court of the State of Oregon for the County of Lincoln, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 30, 1976.


Attorney(s) appearing for the Case

Mark Silverstein, Portland, argued the cause for respondent. On the brief was Leo Levenson, Portland.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for plaintiff-relator. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

William A. Barton, Newport, filed a brief amicus curiae.


Argued and Submitted on Respondent's Demurrer to Alternative Writ July 6, 1976.

DENECKE, Chief Justice.

One Burik was charged with a crime. Burik gave notice of his intent to rely upon the defense of mental defect. Upon the state's motion, the respondent circuit judge ordered a psychiatric examination of Burik to be made by a psychiatrist of the state's choosing. Burik filed an affidavit stating that unless ordered by the circuit court he would not answer...

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