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STATE v. JOSLIN

(95C22378; CA A93988; SC S46491)

29 P.3d 1112 (2001)

332 Or. 373

STATE of Oregon, Respondent on Review, v. Charles Gladwin JOSLIN, Petitioner on Review.

Supreme Court of Oregon.

Decided August 16, 2001.

Attorney(s) appearing for the Case

Dan Maloney, Deputy Public Defender, Salem, filed the petition for review, brief on the merits, and supplemental memorandum, and argued the cause for petitioner on review. With him on the petition and brief was David E. Groom, Public Defender for Oregon.

Kaye E. McDonald, Assistant Attorney General, Salem, filed the brief on the merits and argued the cause for respondent on review. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

CARSON, C.J.

In this criminal case, we must decide whether defendant validly waived his right against compelled self-incrimination during custodial interrogation, under Article I, section 12, of the Oregon Constitution, set out post. At the time of his waiver, defendant was unaware that a lawyer whom a family member had hired to represent him had advised, through the family member, that he not speak to police until the lawyer was present. The trial court nonetheless...

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