Admitting Psychologist’s Testimony of Defendant’s Feigned Mental Illness Violated Right to Self-Incrimination, When Defendant Had Withdrawn Mental Capacity Defense

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.