State v. Nichols

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 Constitution, but law enforcement failed to clarify defendant’s intent as to that invocation and, instead, continued the interrogation. The court concluded that the failure to clarify had violated Article I, section 12, and it therefore suppressed defendant’s…