Legal Opinion
State v. Smallwood
Oregon Supreme Court
Decided March 17, 1977No. C 75-04-1053, CA 5119, SC 24735PublishedCited by 53 opinions
1Opinion of the CourtHolman, J.
Defendant was convicted of the crime of murder. The judgment of conviction was affirmed by the Court of Appeals. 25 Or App 251, 548 P2d 1346 (1976). This court granted review.
Defendant gave notice under ORS 163.135(1) and (2) that he would introduce expert testimony of extreme mental or emotional disturbance. Thereafter the state had him examined by its psychiatrist under ORS 163.135(4). Evidence was admitted through testimony of the state’s psychiatrist that defendant had asserted his right to have his attorney present during the examination as well as his right not to answer questions posed…
2Cases cited5 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Shepard v. BoweOregon Supreme Court · 1968
- State v. SmallwoodCourt of Appeals of Oregon · 1976
3Cited by53 opinions
- State v. FarrarOregon Supreme Court · 1990
- State v. ChitwoodOregon Supreme Court · 2022
- State v. WhiteOregon Supreme Court · 1987
- State v. BowenOregon Supreme Court · 2006
- State v. LarsonOregon Supreme Court · 1997
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