(DOWNLOAD) "Oregon V. Haynes" by Supreme Court of Oregon # Book PDF Kindle ePub Free
eBook details
- Title: Oregon V. Haynes
- Author : Supreme Court of Oregon
- Release Date : January 06, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
The issue to be decided is whether the prosecution may use against a defendant statements obtained from him while in police custody and after the police, but not the defendant, knew that an attorney sought to consult with him. The question came before the Court of Appeals simultaneously in two cases, in one of which the statement had been admitted and in the other of which it had been excluded by the respective trial courts. The Court of Appeals was evenly divided on the issue, thus affirming both trial courts in this respect. State v. Henry, State v. Haynes, 40 Or App 129, 594 P2d 436 (1979). We allowed review. We hold that a suspect who has previously been told in general terms of his right to counsel and has waived this right must be informed when counsel actually seeks to consult with him and must voluntarily and intelligently have rejected that opportunity, before further statements may thereafter be taken from him and used against him.