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STATE EX REL. JUV. DEPT. v. GIBSON

84-275; CA A34460.

718 P.2d 759 (1986)

79 Or.App. 154

In the Matter of Kristi Lou Gibson, a child. STATE of Oregon, ex rel. JUVENILE DEPARTMENT OF LANE COUNTY, Appellant, v. Kristi Lou GIBSON, Respondent.

Court of Appeals of Oregon.

Decided April 30, 1986.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

James Larsen, Certified Law Student, Public Defender Services of Lane Co., Inc., Eugene, argued the cause for respondent. With him on brief was Robert C. Homan, Staff Atty., Public Defender Services of Lane Co., Inc., Eugene.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

The state appeals from a juvenile court order suppressing certain statements that the juvenile made to the police. The central issue is whether her request, made during custodial interrogation, to speak to her mother invoked her Fifth Amendment right against compelled self-incrimination.1 We hold that it did not. However, we find that the state did not prove that she validly waived that right, and we affirm...

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