State v. Belle

Defendant appeals a judgment of conviction for theft in the first degree, ORS 164.055. Defendant was questioned by police officers and made inculpatory statements before and after being read his Miranda rights. The trial court concluded that defendant’s statements had not been induced by threats and, thus, were admissible into evidence. On appeal, defendant contends that both his pre- and post-Miranda statements should have been suppressed under ORS 136.425(1) — which excludes a confession as evidence “when it was made under the influence of fear produced by threats.” We conclude that…