STATE v. DAVIS

(CC06CR1271FE; CA A138968; SC S058572).

256 P.3d 1075 (2011)

350 Or. 440

STATE of Oregon, Petitioner on Review, v. John Richard DAVIS, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided June 30, 2011.


Attorney(s) appearing for the Case

Paul L. Smith , Assistant Attorney-in-Charge Criminal Appeals, argued the cause for petitioner on review. With him on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

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


LANDAU, J.

In this criminal case, the police informed defendant that he was the subject of an investigation for sexual abuse. Defendant retained counsel, who sent a letter to the police invoking defendant's right to remain silent and directing the police to discuss the matter with counsel. Months later, the police obtained incriminating statements from defendant without the presence of his counsel by monitoring his communications with the victim. At issue is whether...

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