STATE v. PETERSEN

(CC CR0801069; SC S057107).

218 P.3d 892 (2009)

347 Or. 199

STATE of Oregon, Plaintiff-Adverse Party, v. Steven James PETERSEN, Defendant-Relator.

Supreme Court of Oregon, En Banc.

Decided October 15, 2009.


Attorney(s) appearing for the Case

Jeremy C. Rice, Assistant Attorney General, Salem, argued the cause for Plaintiff-Adverse Party. With him on the brief were John Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Laura Graser, Portland, argued the cause and filed the brief for Defendant-Relator.


DE MUNIZ, C.J.

The issue in this original mandamus proceeding arises out of the state's prosecution of defendant-relator (relator) for murder. In preparation for his upcoming trial, relator has tendered notice of his intent to introduce expert testimony establishing that, at the time of the alleged crime, he suffered from an extreme emotional disturbance, as well as from diminished mental capacity, both of which prevented him from forming the requisite mental state...

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