STATE v. ESPLIN

CC 88C-21963; CA A66018; SC S38209.

839 P.2d 211 (1992)

314 Or. 296

STATE of Oregon, Respondent on Review, v. Walter Lawrence ESPLIN, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided September 24, 1992.


Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause and filed the petition for petitioner on review.

Janet A. Klapstein, Asst. Atty. Gen., Salem, argued the cause and filed the response to the petition for respondent on review. With her on the response were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Mary H. Williams, Asst. Atty. Gen., Salem.


GRABER, Justice.

The primary issue in this criminal case is whether defendant had the right, at the hearing on his motion to controvert, to attack the good faith, accuracy, and truthfulness of an unnamed informant whose statements were contained in the affidavit supporting a search warrant. The trial court ruled that defendant did not have the right to make such an attack, and the Court of Appeals affirmed without opinion...

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