Introducing ATLASLearn more
Legal Opinion

State v. Ott

Oregon Supreme Court

Decided July 10, 1984No. TC 80-522-C, CA A23254, SC 29428PublishedCited by 24 opinions

1Opinion of the CourtLent, J.

The primary issue is how a jury is to be instructed on “extreme emotional disturbance” for the purpose of determining whether a criminal homicide 1 is murder or manslaughter. The defendant was charged with murder for killing his wife in April, 1980. It is undisputed that the defendant killed her intentionally; the dispute is whether he was under the influence of extreme emotional disturbance. If he was, he would be guilty of manslaughter rather than murder. 2

At that time 3 ORS 163.115 provided:

“(1) * * * [C]riminal homicide constitutes murder when:
“ (a) It is committed intentionally by a…

2Cases cited8 opinions

  1. People v. PattersonNew York Court of Appeals · 1976
  2. People v. CasassaNew York Court of Appeals · 1980
  3. State v. GarciaOregon Supreme Court · 1980
  4. People v. SheltonNew York Supreme Court · 1976
  5. State v. CarsonOregon Supreme Court · 1982

3 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. HodgeSupreme Court of Connecticut · 1999
  2. State v. WilleOregon Supreme Court · 1993
  3. State v. DumlaoHawaii Intermediate Court of Appeals · 1986
  4. Johnson v. Employment DepartmentCourt of Appeals of Oregon · 2003
  5. State v. ChambersCourt of Appeals of Oregon · 1984

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API