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STATE v. GILMORE

(CC 0702221CR; CA A139547; SC S058602).

256 P.3d 95 (2011)

350 Or. 380

STATE of Oregon, Respondent on Review, v. Roberta Gail GILMORE, Petitioner on Review.

Supreme Court of Oregon.

Decided May 26, 2011.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Deputy Defender, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Tiffany Keast , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before DE MUNIZ, Chief Justice, and DURHAM, KISTLER, WALTERS, LINDER, and LANDAU, Justices.

KISTLER, J.

After a person has been charged with a crime and the right to counsel has attached, Article I, section 11, of the Oregon Constitution prohibits the police from asking that person about the charged crime without first notifying the person's lawyer, unless the person initiated the conversation and knowingly and intentionally waived his or her right to counsel. See State v. Randant, 341 Or. 64, 71-73,

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