STATE v. PRIETO-RUBIO

(CC 11693CR, 112523CR; CA A152030 (Control), A152033; SC S062344).

376 P.3d 255 (2016)

359 Or. 16

STATE of Oregon, Petitioner on Review, v. Jesus R. PRIETO-RUBIO, Respondent on Review.

Supreme Court of Oregon.

Decided April 7, 2016.


Attorney(s) appearing for the Case

Rebecca M. Auten , Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With her on the briefs were Ellen F. Rosenblum , Attorney General, Anna Joyce , Solicitor General.

John J. Tyner, III , Hillsboro, argued the cause and filed the brief for respondent on review.

Alexander A. Wheatley , Portland, filed the brief for amicus curiae Oregon Justice Resource Center and on behalf of amici curiae American Civil Liberties Union of Oregon, Inc. and the Oregon Criminal Defense Lawyers Association. With him on the brief was Emily E. Elison , Portland.

Before BALMER, C.J., KISTLER, WALTERS, LANDAU, BALDWIN, BREWER, and NAKAMOTO, Justices.


After a defendant 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 the defendant about that crime without first notifying his or her lawyer. State v. Randant, 341 Or. 64, 71-73,

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