Lasure v. Commonwealth
Annotate this CaseAppellant shot and killed Christopher Tolliver. At trial, the defense argued that Appellant was acting under an extreme emotional disturbance (EED) at the time of the shooting. The trial court ruled that Dr. Peter Shilling, who diagnosed Appellant with PTSD, could not testify unless Appellant testified because his testimony would include Appellant's hearsay statements regarding the EED. Appellant ultimately testified in order to offer Dr. Shilling's testimony. The jury rejected Appellant's claim of EED and found him guilty of intentional murder, first-degree fleeing or evading police, and leaving the scene of an accident. On appeal, Appellant argued that his Fifth Amendment right against self-incrimination was violated by the trial court's ruling with respect to Dr. Shilling. The Supreme Court reversed, holding (1) the trial court erred in ruling that Appellant's testimony was required in order to admit Dr. Shilling's testimony; and (2) the error was not harmless.
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