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STATE v. WEROWINSKI

991306; A111307

40 P.3d 545 (2002)

179 Or. App. 522

STATE of Oregon, Appellant, v. Jeff Michael WEROWINSKI, Respondent.

Court of Appeals of Oregon.

Decided February 13, 2002.

Attorney(s) appearing for the Case

Jonathan Fussner, Assistant Attorney General, argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Janet A. Klapstein, Assistant Attorney General.

Jennelle I. Hall, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

BREWER, J.

The state appeals from a pretrial order suppressing statements made by defendant before his arrest on two counts of second-degree assault, ORS 163.175, and one count of fourth-degree assault, ORS 163.160. The issue on appeal is whether defendant made those statements while in custody or under "compelling circumstances" such that Miranda warnings relating to self-incrimination were first required under the United States or Oregon Constitutions. We...

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