Legal Opinion

State v. Avila-Nava

Oregon Supreme Court

Decided December 26, 2014No. CC C092845CR; CA A146527; SC S061802PublishedCited by 26 opinions

1Opinion of the Court

*602BREWER, J.

Under Article I, section 12, of the Oregon Constitution, police must cease custodial interrogation when a criminal suspect. unequivocally invokes his or her right against self-incrimination. State v. McAnulty, 356 Or 432, 455, 338 P3d 653 (2014); State v. Davis, 350 Or 440, 459, 256 P3d 1075 (2011). This case raises the broader question of what standard applies to determine whether an unequivocal invocation of the right against self-incrimination was made and the particular question of whether, in the context in which they were communicated, defendant’s words, “I won’t answer any…

2Cases cited31 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Davis v. United StatesSupreme Court of the United States · 1994
  3. Smith v. IllinoisSupreme Court of the United States · 1984
  4. Connecticut v. BarrettSupreme Court of the United States · 1987
  5. State v. CaraherOregon Supreme Court · 1982

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

3Cited by26 opinions

  1. State v. WardOregon Supreme Court · 2020
  2. State v. RobertsCourt of Appeals of Oregon · 2018
  3. State v. NicholsOregon Supreme Court · 2017
  4. State v. SanelleCourt of Appeals of Oregon · 2017
  5. Multnomah County v. MehrweinOregon Supreme Court · 2020

21 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