State v. Brooke

Defendant appeals a judgment convicting him of strangulation, ORS 163.187, and assault in the fourth degree, ORS 163.160, raising multiple assignments of error. In defendant’s second assignment of error, he asserts that the trial court erred by admitting certain statements he made to police. Defendant argues that, prior to making those statements, he unequivocally invoked his right to counsel under Article I, section 12, of the Oregon Constitution, which required the police to immediately stop all questioning. We agree with defendant and reverse and remand.1

“What transpired during a custodial…