95-1031; CA A90793.

933 P.2d 355 (1997)

146 Or. App. 202

STATE of Oregon, Appellant, v. James Penny MEADE, Jr., Respondent.

Court of Appeals of Oregon.

Decided February 5, 1997.

Review Allowed May 20, 1997.

Attorney(s) appearing for the Case

Douglas F. Zier, Assistant Attorney General, argued the cause for appellant. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Jon S. Henricksen, Oregon City, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


The state appeals, ORS 138.060(3), from an order suppressing statements defendant made in this prosecution for sodomy in the first degree and sexual abuse in the first degree, after he allegedly equivocally requested counsel. The trial court determined that defendant had equivocally requested counsel and that the continuation of questioning, without clarifying that request, violated Article I, section 12, of the Oregon Constitution. We reverse and...

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