State v. Milek

Defendant appeals his conviction for theft in the first degree by selling. ORS 164.055(c). He argues that the court erred in not suppressing statements that he made to the police during custodial interrogation after arraignment. We agree, reverse and remand for a new trial.

In November, 1983, saddles, tack and a three-wheeled motorcycle were stolen in a burglary and subsequently sold. Police suspected that defendant was involved and arrested him under a January 12,1984, indictment for burglary. During the morning of January 30, defendant filed a written request for appointment of counsel and…