State v. Zielinski

Defendant appeals a judgment of conviction, entered after a conditional guilty plea, for one count of murder with a firearm, ORS 163.115, ORS 161.610. Defendant assigns error to the trial court’s exclusion of expert testimony that defendant had been diagnosed with an anxiety disorder, which he offered in support of a defense of extreme emotional disturbance (EED). We conclude that the trial court erred in excluding expert testimony that defendant had been diagnosed with an anxiety disorder. Accordingly, we reverse and remand.

The facts, which are largely procedural, are undisputed. Defendant…