State v. Flattum

Bernard C. Flattum

seeks review of a decision affirming his conviction of first-degree murder. Flattum argues that the trial court violated his constitutional right to present a defense by: (1) prohibiting a psychiatrist from giving his expert opinion that a person with Flattum’s mental health history who had consumed as much alcohol as Flattum had would be incapable of forming the requisite intent to kill; and (2) prohibiting the admission of mental health history evidence. We hold that although mental health history testimony is admissible on the issue of intent if it is relevant,…