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MATTER OF KILLITZ

No. 78-203; CA A22613.

651 P.2d 1382 (1982)

59 Or.App. 720

In the matter of David Wayne Killitz, a Child. State of Oregon, ex rel. Juvenile Department of Lane County, Respondent, v. DAVID WAYNE KILLITZ, Appellant.

Court of Appeals of Oregon.

Decided October 13, 1982.

Attorney(s) appearing for the Case

David J. Phillips, Eugene, argued the cause and filed the brief for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

This case involves the admissibility of incriminating statements made by a junior high school student while being questioned in the principal's office by a police officer. A resolution of the case turns on whether defendant was in "custody" for Miranda purposes when the statements were made. If he was in custody, the statements are not admissible, because he was not advised of his rights before the interrogation began. If he was not in custody...

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