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STATE EX REL. OTT v. CUSHING

SC 27785.

630 P.2d 861 (1981)

291 Or. 355

STATE ex rel. Calvin Roy Ott, Plaintiff, v. L.A. CUSHING, Judge of the Circuit Court of the State of Oregon for Josephine County, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Donald H. Coulter, of Myrick, Coulter, Seagraves & Myrick, Grants Pass, argued the cause for plaintiff.

William F. Gary, Sol. Gen., Dept. of Justice, Salem, argued the cause for defendant.

PER CURIAM.

Petitioner, charged with murder, gave notice that he intended to invoke the defense of having acted under extreme emotional disturbance and to introduce expert testimony for this defense. ORS 163.115(1)(a), 163.135(1).1 The prosecution obtained an order from the circuit court which directed the defendant (petitioner here) to submit to an examination by a named psychiatrist on behalf...

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