State v. Tucker

Defendant appeals her conviction for murder, ORS 163.115, assigning 18 errors. We reverse.

Defendant was indicted, together with Craig Pottle, for the December 14,1980, murder of her estranged husband. In a pretrial appeal by the state, we affirmed the suppression of all evidence which the state obtained through wiretaps of calls made to and from defendant’s telephone during a six-week period after the homicide. The wiretaps were not obtained in accordance with ORS 133.724, which authorizes wiretaps under certain circumstances, and they were suppressed pursuant to ORS 133.735 and ORS 165.540.…