# State v. Mains

> Oregon Supreme Court · September 27, 1983 · 295 Or. 640

URL: https://www.frixlaw.com/law-library/cases/9549131

## Case

- **Full name:** STATE OF OREGON, Respondent on Review, v. DENNIS LEE MAINS, Wtn DENNIS LEE MAIN, Petitioner on Review
- **Court:** Oregon Supreme Court
- **Decided:** September 27, 1983
- **Citations:** 295 Or. 640; 669 P.2d 1112; 1983 Ore. LEXIS 1548
- **Precedential status:** Published
- **Opinion:** Concurrence by Peterson
- **Judges:** Jones, Peterson, Campbell
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9549131

## How later opinions describe it (automated extraction)

- stating that “admonition of counsel in the presence of a jury should be a rare occurrence”

## Opinion text

PETERSON, C. J.,
concurring.
I concur in the result, but disassociate myself from this statement, which appears at page 645 of the opinion:
“* * * If counsel is not present at the examination, however, the defendant should be asked by the examiner whether he understands that counsel is entitled to be present and has consented to be examined in the absence of counsel. * * *”
This court never has held that a defendant is entitled to the presence of counsel at such an examination. The issue is not directly presented in this case, and I would not decide it. Compare State ex rel Russell v. Jones, 293 Or 312, 333 , 647 P2d 904 (1982) (dissenting opinion).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9549131. Public record. Not legal advice.