Legal Opinion

State v. Martinez-Garcia

Court of Appeals of Oregon

Decided January 25, 2017No. 14CR02308, 14CR05493; A157370 (Control), A157372Published

1Opinion of the CourtLagesen, J.

Defendant was charged (or, as explained further below, alleged to be charged) with multiple offenses in six different cases. The charging instruments identified defendant by several different names. In an attempt to pin down defendant’s true identity, the trial court placed defendant under oath and asked him questions about his identity. In response, defendant invoked his Fifth Amendment privilege against self-incrimination, pointing out that identity would be an issue in the underlying cases. The trial court nonetheless ordered defendant to answer its questions and, when defendant refused to…

2Cases cited6 opinions

  1. Michigan v. TuckerSupreme Court of the United States · 1974
  2. Brown v. United StatesSupreme Court of the United States · 1958
  3. State v. HauskinsCourt of Appeals of Oregon · 2012
  4. Redwine v. STARBOARD, LLCCourt of Appeals of Oregon · 2011
  5. State v. LeaCourt of Appeals of Oregon · 1997

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API