Legal Opinion

State v. Lyon

Court of Appeals of Oregon

Decided November 30, 1983No. 82-0147; CA A26214PublishedCited by 9 opinions

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

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Mullaney v. WilburSupreme Court of the United States · 1975
  5. Patterson v. New YorkSupreme Court of the United States · 1977

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3Cited by9 opinions

  1. Roberts v. Gray's Crane & Rigging, Inc.Court of Appeals of Oregon · 1985
  2. State v. AbramCourt of Appeals of Oregon · 2015
  3. State v. WaymanCourt of Appeals of Oregon · 2025
  4. Or. ASS'N OF REHAB. PROF. v. Dept. of Ins.Court of Appeals of Oregon · 1989
  5. State v. McCormickCourt of Appeals of Oregon · 1986

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

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