Legal Opinion

State v. Bivens

Court of Appeals of Oregon

Decided March 23, 1994No. 91CR1989FE; CA A75540PublishedCited by 8 opinions

1Opinion of the CourtDe Muniz, J.

Defendant was convicted of intentional murder with a firearm and burglary in the first degree with a firearm after he killed his estranged wife, ORS 163.115; ORS 164.225; ORS 161.610. Defendant claimed that he acted in self-defense after she stabbed him.

Defendant assigns error to the admission of statements that he made to a detective in a hospital room. He contends that “[t]he type of warnings contemplated by Miranda v. Arizona, 384 US 436, 86 S Ct 1602, 16 L Ed 2d 694 (1966),” were required because the circumstances were “compelling,” and he was in “full custody.” He argues that the…

2Cases cited4 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. HansenOregon Supreme Court · 1987
  3. State v. MorganOregon Supreme Court · 1993
  4. State v. LyonsCourt of Appeals of Oregon · 1993

3Cited by8 opinions

  1. State v. StokesCourt of Appeals of Oregon · 1995
  2. State v. Bruce Lincoln ButterfieldCourt of Appeals of Oregon · 1994
  3. State v. CannonCourt of Appeals of Oregon · 1995
  4. State v. WrightCourt of Appeals of Oregon · 1994
  5. State v. HarrisCourt of Appeals of Oregon · 1994

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