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STATE v. COUNTS

CC C88-08-35588; CA A60040; SC S37272.

816 P.2d 1157 (1991)

311 Or. 616

STATE of Oregon, Respondent On Review, v. Johnny J. COUNTS, Petitioner On Review.

Supreme Court of Oregon.

Decided August 1, 1991.

Attorney(s) appearing for the Case

Leland R. Berger, Portland, argued the cause for petitioner on review. With him on the petition was Jon P. Martz, Portland.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

William L. Tufts, Eugene, filed a brief on behalf of amici curiae for Oregon Criminal Defense Lawyers Ass'n and Nat. Ass'n of Criminal Defense Lawyers.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

VAN HOOMISSEN, Justice.

The issue in this criminal case is whether the affirmative defense of mental disease or defect, ORS 161.295(1),1 and the affirmative defense of extreme emotional disturbance, ORS 163.135(1),2 are mutually exclusive.3 The trial court ruled that the defenses are mutually exclusive. The Court of Appeals affirmed. State v. Counts, 101...

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