State Ex Rel. Johnson v. Woodrich

LINDE, J.,

specially concurring.

The court reaffirms that a defendant who offers a defense of mental disease or defect, ORS 161.295-161.305, cannot be compelled in a psychiatric examination under ORS 161.315 to answer questions "concerning his conduct relating to the offense charged.” Shepard v. Bowe, 250 Or 288, 290, 442 P2d 238 (1968). This ruling is sufficient to dispose of the present case, and I concur. However, this exception from a defendant’s obligation to answer questions does not exhaust the defendant’s privilege not to be compelled to testify against himself, Or. Const, art. I, § 12.…