Blog:Main/Solving the Gordian Knot of Attempted Murder EED - Revision history

Ryan@ryanscottlaw.com at 15:18, December 28, 2025

2025-12-28T15:18:30Z

Ryan@ryanscottlaw.com at 23:39, December 23, 2025

2025-12-23T23:39:41Z

Ryan@ryanscottlaw.com: Created page with "A jury finding of extreme emotion disturbance can reduce a murder charge to a manslaughter conviction. And it recently got harder for the state to defeat. ''Richards v Brown..."

2025-12-23T23:37:22Z

Created page with "A jury finding of extreme emotion disturbance can reduce a murder charge to a manslaughter conviction. And it recently got harder for the state to defeat. ''Richards v Brown..."

New page

A jury finding of extreme emotion disturbance can reduce a murder charge to a manslaughter conviction. And it recently got harder for the state to defeat. ''Richards v Brown,'' 345 Or App 321 (2025).

It's a substantial reduction, from a life-25 sentence to 10 years.

But a perennial complaint of defense lawyers is that EED -- though understood as a partial defense to murder -- is not a defense in any way to attempted murder. Seems unfair, but that's the law. Is there anything a defense lawyer can do?

Yes. Article I, section 16. There are legal and societal reasons why EED is a substantial mitigating factor. Consequently, EED almost certainly meets ''Gonzalez'' standard for application of Article I, section 16. ''State v. Gonzalez,'' 373 Or 248 (2025). A successful proportionality argument would still result in prison, but a non-Measure 11 sentence. ''State v. Fudge,'' 333 Or App 149 (2024).

I have developed a strong interest in expanding the scope of Article I, section 16. For those keeping score at home, here are other times I think you should consider pushing the envelope:

(1) When the defendant is highly mentally ill but not quite enough to meet a GEI standard.
(2) When the defendant has significant medical needs. (Compassionate release only applies to non-M11 sentences in Oregon.)
(3) When a lengthy sentence will '''only''' be imposed '''after''' the defendant is found rehabilitated by the parole board.
(4) When a defendant is convicted of sex abuse II based solely on the victim being 16 or 17, when there is a statute that makes the exact same crime a misdemeanor.
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 (2)  When the defendant has significant medical needs.  (Compassionate release only applies to non-M11 sentences in Oregon.)
-(3)  When a lengthy sentence will '''only''' be imposed '''after''' the defendant is found rehabilitated by the parole board.
+(3)  When a lengthy sentence will '''only''' be served '''after''' the defendant is found rehabilitated by the parole board.
 (4)  When a defendant is convicted of sex abuse II based solely on the victim being 16 or 17, when there is a statute that makes the exact same crime a misdemeanor.
 {{wl-publish: 2025-12-23 15:37:22 -0800 | Ryan@ryanscottlaw.com:Ryan  Scott  }}