STATE v. HARBERTS

Nos. CC 89-557; CA A64219; SC S38928.

848 P.2d 1187 (1993)

315 Or. 408

STATE of Oregon, Respondent on Review, v. Scott Dean HARBERTS, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided February 19, 1993.


Attorney(s) appearing for the Case

Wm. Timothy Lyons, Oregon City, argued the cause and filed the petition for petitioner on review.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause and filed a response to the petition for review. With him on the response were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.


UNIS, Justice.

The state appealed a trial court order suppressing statements made by defendant in conjunction with a polygraph examination. ORS 138.060(3).1 The Court of Appeals reversed and remanded, State v. Harberts, 109 Or.App. 533, 820 P.2d 1366 (1991), and we allowed review. The issues in this case are whether the trial court erred in holding that defendant...

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