STATE v. DAVIS

06CR1271FE; A138968.

227 P.3d 204 (2010)

234 Or. App. 106

STATE of Oregon, Plaintiff-Appellant, v. John Richard DAVIS, Defendant-Respondent.

Court of Appeals of Oregon.

Decided March 3, 2010.


Attorney(s) appearing for the Case

Paul L. Smith argued the cause for appellant. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Christina M. Hutchins, Senior Assistant Attorney General.

David A. Hill, Eugene, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.


WOLLHEIM, P.J.

The state appeals an order suppressing statements that, the trial court found, were obtained from defendant in contravention of his right to counsel. We affirm.

We ascertain the relevant facts, which are undisputed, from testimony at the hearing on the motion to suppress. Defendant retained counsel after a Roseburg police detective launched an investigation into allegations that defendant had sexually abused his stepdaughter. In a letter dated...

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