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STATE v. NICHOLS

CC 140066CR, SC S063985.

390 P.3d 1001 (2017)

361 Or. 101

STATE of Oregon, Appellant, v. Steven P. Wagner NICHOLS, Respondent.

Supreme Court of Oregon, En Banc.

March 2, 2017.

Attorney(s) appearing for the Case

Doug M. Petrina , Assistant Attorney General, Salem, argued the cause and filed the briefs for the petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Anne Fujita Munsey , Deputy Public Defender, Salem, argued the cause and filed the brief for the respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

This case involves the state's appeal of a pretrial order suppressing evidence in a pending murder prosecution, ORS 138.060(2)(a). The trial court determined that, near the beginning of a custodial interrogation, defendant equivocally invoked his right against compelled self-incrimination under Article I, section 12, of the Oregon...

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