State v. Paul

Defendant was charged with burglary in the first degree. ORS 164.225. Before trial defendant made a motion to suppress a confession made to police following his arrest on the ground that it was given without a knowing and voluntary waiver of his right to remain silent. His affidavit in support of the motion stated that because of intoxication defendant had no recollection of confessing to the crime. The trial court granted the motion, holding that because the two "Miranda forms”1 defendant was said to have signed were not offered into evidence, there was no evidence that defendant was fully…