STATE v. BATES

TC J86-1110; CA A42141; SC S35587.

764 P.2d 550 (1988)

307 Or. 170

STATE of Oregon, Respondent On Review, v. Ronald Dale BATES, Petitioner On Review.

Supreme Court of Oregon, In Banc.

November 30, 1988.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Lawrence J. Hall, Deputy Public Defender, Salem, for petitioner on review.

David B. Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Charlene C. Woods, Asst. Atty. Gen., Salem, contra.


MEMORANDUM OPINION.

Petition for review denied.

LINDE, J., dissented and filed an opinion.

LINDE, Justice, dissenting.

The issue that defendant, whose confession was used in convicting him of burglary, wants this court to review is whether a police officer compelled his confession by "threatening" to question and possibly implicate defendant's mother and brother. The Court of Appeals dealt with this claim by stating:

"We presume, therefore...

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