Oregon Supreme Court, October 29, 2020

by: Rankin Johnson • November 2, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

POST-CONVICTION RELIEF - Statute of limitation

Unequivocal assertion of right to remain silent under Oregon constitution invalidated subsequent interrogation with intervening Miranda warning but no express waiver. Reversed.

In explaining its ruling, the court noted that defendant, although competent to stand trial, was intellectually disabled. He had been incarcerated for four or five days without the appointment of counsel. Police had failed to honor his invocation of rights during his first interrogation, the results of which were suppressed. The court observed that the 'totality of circumstances' required that all the relevant factors had to be considered in combination, and that the paucity of the record weakened the state's position. Finally, the court distinguished federal law and held that a ruling that an Art I, sec 12 waiver is 'knowing and intelligent' is reviewed for legal error, as is a ruling that such a waiver is 'voluntary.'

State v. Ward 367 Or 188 (October 29, 2020) (Flynn) (Washington County, Knapp)