State v. Van Dolah

Defendant was convicted in a non-jury trial of third-degree rape. ORS 163.355. His two assignments of error present a single question: Was it error for the trial court to permit lay witnesses to express opinions concerning defendant’s sanity?

The sole defense was insanity. During defendant’s case, one expert medical witness testified that defendant was insane, i.e., that defendant lacked “substantial capacity * * * to conform his conduct to the requirements of law” within the meaning of ORS 161.-295. In rebuttal, the state called five witnesses who had been co-workers with and friends of…