Billings v. Oregon State Penitentiary

I concur in the result and reasoning of the lead opinion. I write only because I believe that the lead opinion still permits confusion concerning what is required by OAR 291-105-041(5), confusion which we attempted to eliminate in Solar v. OSP, 87 Or App 222, 742 P2d 611, rev den 304 Or 280 (1987). As we pointed out in Solar, there is confusion in the rule, perpetuated by case law, about the meanings of “reliability” and “credibility.” We suggested:

“No matter what the terminology, the cases analyze a confidential informant situation in a two-step process: First, is the informant a person who…