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battered spouse

ID
142

State v. Goff, 128 Ohio St.3d 169 (2010)

In State v. Goff, 128 Ohio St.3d 169 (2010), the defendant shot and killed her estranged husband and intended to assert battered woman syndrome as part of her defense. The trial court ordered her to undergo a psychological examination by a state expert. The Supreme Court of Ohio held that such an order does not violate a defendant’s right against self-incrimination when the defendant raises battered woman syndrome, provided that the evaluation is strictly confined to that issue and to whether the syndrome affected the defendant’s actions.

State v. Hickson, 630 So. 2d 172 (Fla. 1993)

Hickson was charged with second-degree murder after allegedly stabbing her husband in self-defense. While on trial, she sought to admit evidence that she suffered from battered-spouse syndrome. The State filed a motion for her to submit to an examination by the State’s expert. The trial court determined that if she wanted to present testimony from an expert who had examined her, and to speak directly about her case, then she would also need to submit to an examination by the State’s expert.

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