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STATE v. VONDEHN

(CC C040956CR; CA A128800; SC S056371).

236 P.3d 691 (2010)

348 Or. 462

STATE of Oregon, Petitioner on Review, v. Hyatt Robin VONDEHN, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided July 1, 2010.

Attorney(s) appearing for the Case

Erin C. Lagesen, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

David J. Celuch, Portland, argued the cause and filed the brief for respondent on review.

WALTERS, J.

This criminal case raises two questions of first impression regarding the right against compelled self-incrimination in Article I, section 12, of the Oregon Constitution1 and the consequences of the failure to give Miranda warnings to a person who is in custody and subjected to custodial interrogation.

The uncontested facts establish that the police arrested defendant on a warrant, handcuffed him, and placed...

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