Opinion

State v. Haynes

  • 288 Or. 59
  • 602 P.2d 272
  • 1979 Ore. LEXIS 1211
Court
Oregon Supreme Court
Filed
Nov 6, 1979
Status
Published
Author
Denecke
On the bench
Linde, Denecke
Cited by
86 cases

identifying information that, under certain circumstances, police categorically must provide to permit a determination that the defendant “knowingly and intelli- gently” waived Article I, section 12, right to counsel

How later courts described this case

  • identifying information that, under certain circumstances, police categorically must provide to permit a determination that the defendant “knowingly and intelli- gently” waived Article I, section 12, right to counsel
  • requiring evidence that the defendant was aware not only of the right to counsel generally but also of the benefit of counsel’s assistance in “forestalling] involuntary and incriminating disclosures”
  • right enforced is not generalized right to counsel, but "more concretely, the derivative right to the benefit of counsel's efforts to forestall involuntary incriminating disclosures"
  • “[T]he issue of a suspect’s access to counsel enters cases like the present as an aspect of [the suspect’s] right to answer questions or provide incriminating testimony only voluntarily. * * *. [I]t is not a generalized right to counsel that the decisions * * * enforce but, more concretely, the derivative right to the benefit of counsel’s efforts to forestall involuntary and incriminating disclosures.”

Written by the judges who cited it.

The opinion

DENECKE, C. J.,

specially concurring.

I concur in the court’s decision. I specially concur because of the dictum in the court’s opinion to the effect that there is no law authorizing the police to delay or prevent communication between an arrested person and his or her lawyer. This dictum, stated in connection with the New York exclusionary rule, may create the inference that any evidence obtained as a result of an officer delaying or preventing communication is inadmissible. I would not concur in such a principle.

I also do not necessarily concur in the dictum stated in footnote 4.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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