STATE v. SERRANO

(CC C063227CR; SC S056399).

210 P.3d 892 (2009)

346 Or. 311

STATE of Oregon, Plaintiff-Appellant, v. Ricardo SERRANO, Defendant-Respondent.

Supreme Court of Oregon, En Banc.

Decided June 25, 2009.


Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney-in-Charge Criminal Appeals, argued the cause for plaintiff-appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, Salem.

Joshua B. Crowther, Senior Deputy Public Defender, argued the cause for defendant-respondent. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services, Salem.


DE MUNIZ, C.J.

This case concerns the meaning of several sections of Oregon Evidence Code (OEC) 505, which governs marital privileges in Oregon. Defendant was charged with multiple counts of aggravated murder, involving three victims. Defendant's wife agreed to testify for the state regarding certain communications between defendant and wife that had occurred both before and after the murders. Although it is not entirely clear from the record, it appears that the...

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