STATE v. JAMES

(CC 00433302; SC S51472).

123 P.3d 251 (2005)

339 Or. 476

STATE of Oregon, Appellant-Cross-Respondent, v. Morrice Abdul JAMES, Respondent-Cross-Appellant.

Supreme Court of Oregon, En Banc.

Decided November 14, 2005.


Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, Salem, argued the case and filed the brief for appellant-cross-respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kathleen M. Correll, Portland, argued the case and filed the brief for respondent-cross-appellant.


DURHAM, J.

In this aggravated murder and robbery case, the state appeals from a pretrial order suppressing evidence of statements that defendant made to police detectives during a custodial interrogation. The question presented is whether the trial court erred in requiring the state to demonstrate that the police obtained defendant's statements in compliance with his right to counsel under Article I, section 11, of the Oregon Constitution, such as by first obtaining...

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