STATE v. BENTON

(CC CR1201792) (SC S069454).

534 P.3d 724 (2023)

371 Or. 311

STATE of Oregon, Petitioner on Review, v. Lynn Edward BENTON, Respondent on Review.

Supreme Court of Oregon.

August 10, 2023.


Attorney(s) appearing for the Case

Christopher A. Perdue , Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

David Sherbo-Huggins , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Deputy Defender.

Jessica A. Schuh , Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief for amici curiae Criminal Justice Reform Clinic and Forensic Justice Project. Also on the brief were Aliza B. Kaplan , Lewis and Clark Law School Criminal Justice Reform Clinic, Portland, and Janis C. Puracal , Forensic Justice Project, Portland.

Before Flynn, Chief Justice, and Duncan, Garrett, and Bushong, Justices, and Balmer and Walters, Senior Judges, Justices pro tempore.


This case requires us to consider when a private citizen becomes a state agent for purposes of Article I, section 11, of the Oregon Constitution. While being held pending trial for aggravated murder, defendant lived in the same unit as another adult in custody, Layman. Layman hoped to be an informant for the state and to pass on information...

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