State v. Lyon
Court of Appeals of Oregon
1Opinion of the CourtRossman, J.
This appeal arises out of defendant’s conviction of murder. ORS 163.115. He now challenges that conviction in two respects: (1) by placing the burden on defendant of proving the affirmative defense of extreme emotional disturbance, ORS 163.115 contravenes the due process provisions of both the United States and Oregon Constitutions; (2) the trial court erred in denying his motion to suppress statements he made to police while hospitalized. We are unpersuaded by either challenge and affirm.
Defendant was divorced. His ex-wife had been seeing the victim, Briggs, on a regular basis. Defendant was…
2Cases cited16 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re WINSHIPSupreme Court of the United States · 1970
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Mullaney v. WilburSupreme Court of the United States · 1975
- Patterson v. New YorkSupreme Court of the United States · 1977
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3Cited by9 opinions
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- Or. ASS'N OF REHAB. PROF. v. Dept. of Ins.Court of Appeals of Oregon · 1989
- State v. McCormickCourt of Appeals of Oregon · 1986
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