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Bechtel v. State9/2/1992
he illusive criteria set forth by the Court.
Many more questions are raised than answered by this opinion. The Court's discussion of "reasonableness", "imminence" and "hearsay" will be the source of much litigation and error at the trial court level for several years. This Court will be forced to address these same issues repeatedly in an effort to clear the legal quagmire which will develop as we attempt to explain what was meant by the opinion's analysis. The role of this Court should be to resolve issues, not create them. We should provide answers to the trial courts, not more questions. While the goal of this opinion is noble, it departs from the traditional rules of appellate review and embarks the Court on a course through much turbulent water in the future.
Regretfully, the Court seems to disregard the evidence of the case in a reaching attempt to adopt a syndrome which is not applicable to the facts and does not comport with the requirements of being generally accepted in the scientific/medical community. While I agree that evidence of the Post-traumatic Stress Disorder, which is accepted as a standard for diagnosis in the medical community, would be relevant evidence in a proper case to provide a jury with the medical and psychological diagnostic criteria required to determine the reasonableness of a defendants actions, it is not relevant here. The appropriate resolution of the ills of society should be left to the Legislative and Executive branches of our government. This Court should restrict itself to the application of the law to the facts presented in the record. I therefore must dissent to the Court's actions in this case.
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