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STATE v. HAYNES

TC 78-1762; CA 11461; SC 26285.

602 P.2d 272 (1979)

288 Or. 59

STATE of Oregon, Respondent, v. Charles Leroy HAYNES, Petitioner.

Supreme Court of Oregon, In Banc.

Decided November 6, 1979.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender.

Brian R. Barnes, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty.

LINDE, Justice.

The issue to be decided is whether the prosecution may use against a defendant statements obtained from him while in police custody and after the police, but not the defendant, knew that an attorney sought to consult with him. The question came before the Court of Appeals simultaneously in two cases, in one of which the statement had been admitted and in the other of which it had been excluded by the respective...

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