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STATE v. WILLE

C890382CR; CA A62688.

839 P.2d 712 (1992)

115 Or. App. 47

STATE of Oregon, Respondent, v. Michael Paul WILLE, Appellant.

Court of Appeals of Oregon.

Decided August 26, 1992.

Reconsideration Denied December 21, 1992.

Review Allowed January 22, 1993.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., Brenda J. Peterson, Janet A. Klapstein, and Diane S. Lefkow, Asst. Attys. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

DEITS, Judge.

Defendant seeks reversal of his convictions for aggravated felony murder based on two counts of burglary in the first degree, ORS 163.095, ORS 164.225, kidnapping in the second degree, ORS 163.225. He assigns error to the exclusion of a psychiatrist's testimony regarding his emotional condition, to an instruction that the extreme emotional disturbance defense (EED) does not apply to aggravated murder, to the retroactive application of amendments to ORS...

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