State v. Rhodes

When a trial court properly instructs the jury on the state’s burden to prove, beyond a reasonable doubt, all elements of the charged crime, including mental states, “any error in failing to give an instruction on the issue of partial responsibility is not prejudicial”. State v. Booth, 284 Or 615, 620 (1978).

Defendant appealed a judgment of conviction for disorderly conduct in the second degree. Defendant assigned error to the trial court’s denial of her pretrial motion to declare borderline personality disorder a mental disease or defect for purposes of ORS 161.300. On appeal, Defendant argued that she was "prevented from presenting evidence of, and instructing the jury on, the issue of borderline personality disorder as a mental disease" to support her defense of partial responsibility under ORS 161.300. In response, the State argued that even though the defendant's pretrial motion was denied, she was still allowed to present evidence about her borderline personality disorder and develop the defense during the trial. When a trial court properly instructs the jury on the state’s burden to prove, beyond a reasonable doubt, all elements of the charged crime, including mental states, “any error in failing to give an instruction on the issue of partial responsibility is not prejudicial”. State v. Booth, 284 Or 615, 620 (1978). The Court held that although Defendant's motion and jury instruction request was denied, and even if there was an error in failing to give the jury instruction, it was harmless because the trial court properly instructed the jury about the state’s burden to prove all elements of ORS 166.025, including intent, beyond a reasonable doubt.

Affirmed.