State v. Marple

Defendant appeals his conviction for possession of a controlled substance. ORS 475.992(4). He assigns as error that the court permitted “the prosecution to rely on defendant’s exercise of his constitutional right to silence as evidence of his guilt.” We interpret the assignment to include his assertions that the court erred when, over his objections, it allowed the state to put on evidence of his statement to the police that, he asserts, invoked his right to remain silent under Article I, section 12, and the Fifth Amendment, to cross-examine defendant on his exercise of that right and to…