State v. Pollard

I agree with the majority’s conclusion that the trial court properly denied defendant’s demurrer to the indictment. However, because I believe that defendant’s admissions were not induced by implied promises of leniency, I respectfully dissent.

The only point of disagreement here is whether Detective Gossman’s statements “reasonably can be construed as impliedly promising that defendant would get treatment instead of incarceration if he admitted the criminal charges.” State v. Capwell, 64 Or App 710, 715, 669 P2d 808 (1983). (Emphasis supplied.) I believe that Gossman’s statements to defendant…