STATE of Oregon ex rel. Lee Johnson, Attorney General, Plaintiff-Relator,
v.
Charles S. WOODRICH, Judge of the Circuit Court of the State of Oregon for the County of Douglas, Defendant.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted May 5, 1977.
Decided July 11, 1977.
Attorney(s) appearing for the Case
W. Michael Gillette, Sol. Gen., Salem, argued the cause for plaintiff-relator. With him on the brief were James A. Redden, Atty. Gen. and Catherine Allan, Asst. Atty. Gen., Salem.
Richard A. Cremer, Asst. Public Defender, Roseburg, argued the cause and filed a brief for defendant.
J. Pat Horton, Dist. Atty., Darryl L. Larson, Deputy Dist. Atty., and David Nissman, Law Clerk, Lane County, filed a brief amicus curiae for plaintiff-relator.
Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem, filed a brief amicus curiae for defendant.
Supreme Court of Oregon, In Banc.
HOLMAN, Justice.
In this mandamus proceeding we are asked to reconsider our decision in Shepard v. Bowe, 250 Or. 288, 442 P.2d 238 (1968). Defendant circuit judge relied on Shepard in refusing to allow state psychiatrists to question a criminal defendant concerning acts or conduct at or immediately near the time of the commission of the alleged crimes. The state contends that since the criminal defendant intends to raise...
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