State Ex Rel. Johnson v. Woodrich

*33HOLMAN, J.

In this mandamus proceeding we are asked to reconsider our decision in Shepard v. Bowe, 250 Or 288, 442 P2d 238 (1968). Defendant circuit judge relied on Shepard in refusing to allow state psychiatrists to question a criminal defendant concerning acts or conduct at or immediately near the time of the commission of the alleged crimes. The state contends that since the criminal defendant intends to raise the defense of mental disease or defect and to introduce evidence of extreme emotional disturbance, defendant circuit judge has the duty to order a complete psychiatric examination.

Sin…