STATE v. SPARKLIN

No. CA A21337; SC 29421.

672 P.2d 1182 (1983)

296 Or. 85

STATE of Oregon, Respondent On Review, v. Howard Clifton SPARKLIN, Petitioner On Review.

Supreme Court of the State of Oregon, In Banc.

Decided November 29, 1983.

Rehearing Denied December 28, 1983.


Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Rex Armstrong, Portland, Robert C. Welsh, Los Angeles, Cal., and Ronald K.L. Collins, Salem, filed amicus curiae brief for the American Civil Liberties Union Foundation of Oregon, Inc.


ROBERTS, Justice.

The question is whether defendant's request for an attorney at arraignment bars all police interrogation undertaken without the presence of counsel, unless defendant volunteers information on his own initiative and not in response to questioning, and statements are otherwise voluntarily obtained.

Defendant was arrested in Eugene after security personnel at a retail store notified police of their suspicion that defendant and his companion...

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