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STATE v. NIEMAN

06CR0094; A139607.

256 P.3d 126 (2011)

242 Or. App. 269

STATE of Oregon, Plaintiff-Respondent, v. Scott W. NIEMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 20, 2011.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Brandon G. Williams , Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Erin C. Lagesen , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge pro tempore.

ORTEGA, P.J.

Defendant appeals from a judgment of conviction for one count of unlawful possession of methamphetamine, a Schedule II controlled substance, ORS 475.894, assigning error to the trial court's denial of his motion to suppress. Defendant argues that the investigating officer placed him in compelling circumstances that required Miranda warnings,1 and that the investigating officer continued to question him despite his unequivocal...

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