State v. Smith

Defendant in this death penalty case did not receive a fair trial because he was not permitted to prove his defense, even though the prosecutor produced similar but contrary evidence. Defendant’s main line of defense, of which statutory notice was given through counsel appointed to represent him, was that the jury should return a verdict of guilty except for insanity. Defendant bears the burden of proof on that plea. ORS 161.305, 161.055(2). That verdict, if returned, would not permit a death penalty; in this armed-robbery homicide case, commitment to the custody of the Psychiatric Security…