State v. Zielinski
287 Or. App. 770
Or. Ct. App.2017Background
- Defendant was indicted for intentional murder with a firearm after killing his wife; he pleaded guilty conditioned on reserving the right to appeal exclusion of expert evidence.
- Defendant gave notice under ORS 163.135 of intent to assert the extreme emotional disturbance (EED) defense and to present expert testimony.
- Defense and state psychiatrists/psychologists (Hulteng and Duncan) diagnosed defendant with Axis I anxiety disorder (and other conditions) and reported he experienced heightened stress, despair, and impaired control before the killing.
- The state moved to exclude expert testimony about the defendant’s anxiety, personality traits, and mental-state evidence related to EED; the trial court granted the motion, excluding Axis I diagnoses and Axis II/personality testimony.
- Defendant appealed, arguing an Axis I anxiety diagnosis is part of the “actor’s situation” under ORS 163.135 and therefore relevant to the subjective component of the EED reasonableness inquiry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence of defendant’s Axis I anxiety disorder is part of the actor’s situation for ORS 163.135 EED analysis and therefore admissible | State: the actor’s situation is limited to external events and circumstances; personality traits/mental-illness evidence would vitiate the statute’s objective component | Defendant: an Axis I anxiety diagnosis is like age/gender/physical disability—part of the actor’s situation and admissible via expert testimony | Court reversed: Axis I anxiety disorder evidence is relevant to the actor’s situation and trial court erred in excluding it |
Key Cases Cited
- State v. Ott, 297 Or 375 (explains hybrid objective-subjective EED standard and that some personal characteristics are part of the actor’s situation)
- State v. Wille, 317 Or 487 (upholds exclusion of personality-trait evidence under EED but permits expert testimony about stressful circumstances)
- State v. Counts, 311 Or 616 (holds insanity-level mental disease under ORS 161.295 is not part of actor’s situation; leaves open lesser infirmities)