State v. Smith

The term 'qualifying mental disorder' does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor does the term include any abnormality constituting solely a personality disorder. ORS 161.295(2)

Defendant appealed her conviction for first-degree manslaughter, unlawful possession of a weapon, and two counts of felon in possession of a firearm. She argued that the trial court erred by denying her pretrial motion to classify borderline personality disorder (BPD) as a “qualifying mental disorder” under ORS 161.295 (guilty except for insanity) and ORS 161.300 (partial responsibility) which prevented her from using these defenses. Additionally, she argued that the trial court improperly failed to merge the two felon-in-possession convictions. "The term 'qualifying mental disorder' does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor does the term include any abnormality constituting solely a personality disorder." ORS 161.295(2). The Court found that the trial court did not err in denying the motion. The Court reasoned that the statute explicitly excluded personality disorders like BPD from qualifying as mental diseases or defects. However, the Court found that the felon-in-possession convictions should have been merged. The convictions on those charges were reversed, and the case was remanded for entry of a single conviction and resentencing. The remaining judgment was affirmed.