Yesterday, the Ohio Supreme Court decided that when a defendant asserts a mental-capacity defense and then abandons it, psychologist’s testimony regarding defendant’s feigning of mental illness violates defendant’s right against self-incrimination guaranteed by Article I, Section 10 of the Ohio Constitution and the Fifth Amendment to the United States Constitution.
State v. Harris, Slip Opinion No. 2015-Ohio-166, Docket. Oral Argument. Oral Argument Preview. Court News Ohio Article.