State v. Harberts

The state appealed a trial court order suppressing statements made by defendant in conjunction with a polygraph examination. ORS 138.060(3). The Court of Appeals reversed and remanded, State v. Harberts, 109 Or App 533, 820 P2d 1366 (1991), and we allowed review. The issues in this case are whether the trial court erred in holding that defendant’s statements were not voluntary and that the statements could not be redacted adequately to exclude reference to the polygraph examination.

We affirm the decision of the Court of Appeals, as modified by this opinion, and remand this case to the circuit…