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STATE v. MOORE/COEN

(CC CF050356; CA A134343; SC S057820); (CC 020774FE; CA A135115; SC S058145; S058152).

245 P.3d 101 (2010)

349 Or. 371

STATE of Oregon, Petitioner on Review, v. Douglas Carl MOORE, aka Dc Moore, aka Douglas Earl Moore, Respondent on Review. State of Oregon, Petitioner on Review/Respondent on Review, v. Edwin Shane Coen, Respondent on Review/Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 16, 2010.

Attorney(s) appearing for the Case

Matthew J. Lysne , Assistant Attorney General, Salem, argued the cause for petitioner on review in both cases. With him on the briefs were John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, David B. Thompson , and Linda M. Wicks , Assistant Attorneys General.

Susan F. Drake , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause for respondent on review Douglas Carl Moore. With her on the brief was Peter Gartlan , Chief Defender.

Jesse Wm. Barton , Salem, argued the cause and filed the brief for respondent on review Edwin Shane Coen.

DE MUNIZ, C.J.

In these two criminal cases, consolidated for purposes of opinion, each defendant testified at his trial after the trial court had erroneously admitted incriminating statements that police officers had obtained from each defendant in violation of Article I, section 12, of the Oregon Constitution.1 In State v. Moore, 229 Or.App. 255, 211 P.3d 344...

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