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Oregon Appellate Court--February 27, 2019

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by: Rankin Johnson IV • February 28, 2019 • no comments

Summarized by Rankin Johnson, OCDLA (Allen and Taylor) and Pamela Frazier, SWOPDS (Wheeler)

ATTEMPT AND SOLICITATION - Defined and distinguished

Soliciting another person to commit an offense is not committing that offense. Attempted aggravated murder conviction reversed.

Also, body-wire evidence is inadmissible if an informant questions the defendant about an offense that is factually related to an offense on which defendant has asserted the right to counsel. Reversed and remanded.

State v. Allen 296 Or App 226 (February 27, 2019) (Armstrong) (Multnomah County, Albrecht)

MIRANDA - Defendant's understanding of Miranda warnings

Defendant's statements inadmissible when she expressly said she did not understand her Miranda rights. Reversed and remanded.

Defendant told the investigating officer that she had dyslexia and dementia, and that she did not understand her Miranda rights. Accordingly, her waiver was invalid, and her subsequent breath test was exploitive.

State v. Taylor 296 Or App 278 (February 27, 2019) (Tookey) (Clackamas County, Herndon)

INVENTORY - Jail inventory policies

Coos County Jail inventory policy is unconstitutionally overbroad because it requires search of all closed containers. Reversed and remanded.

A valid inventory policy permits opening closed containers if they are designed to hold valuables or dangerous items. The policy at issue improperly required opening all closed containers.

State v. Wheeler 296 Or App 349 (February 27, 2019) (Per Curiam) (Coos County, Stone)