State v. Villar

Defendant was convicted by a jury of second-degree criminal trespass, ORS 164.245; resisting arrest, ORS 162.315; and interfering with a peace officer, ORS 162.247. He appeals, contending that the trial court erred by permitting the state to introduce evidence of defendant’s invocation of his right against self-incrimination under Article I, section 12, of the Oregon Constitution and the Fifth Amendment to the United States Constitution. For the reasons that follow, we conclude that the trial court erred in the manner asserted and, further, that the error was not harmless. We therefore…