State v. Simonsen

In this aggravated murder case, the issue is whether the government obtained evidence from defendant in violation of the state constitutional provision against self-incrimination. We hold that it did and, therefore, reverse a death penalty imposed as a result of a penalty-phase proceeding in which that evidence was utilized.

The Oregon Constitution, Article I, section 12, provides in part:

“No person shall * * * be compelled in any criminal prosecution to testify against himself.”

The evidence in question was obtained by interrogating defendant without informing him of the fact that he had a…