Opinion

State v. Mitchell

  • 35 Or. App. 809
  • 583 P.2d 14
  • 1978 Ore. App. LEXIS 2956
Court
Court of Appeals of Oregon
Filed
Aug 22, 1978
Status
Published
Author
Tanzer
On the bench
Schwab, Thornton, Tanzer, Buttler
Cited by
7 cases
Authority
More cited than 12.9%

The opinion

TANZER, J.,

specially concurring in part; concurring in part.

I specially concur in part I, but I believe it is over-analyzed (or, perhaps, under-analyzed, depending upon how one looks at it) in the sense that there is too much said. Oregon v. Mathiason, 429 US 492 , 97 S Ct 711 , 50 L Ed 2d 714 (1977), is entirely dispositive. There is no need for further citation or discussion and I would say no more beyond the citation to Mathiason . Hence, I concur separately to indicate that I do not necessarily concur in the additional comments of the majority.

Particularly, I understand the necessity for, but do not join, the attempt of the majority to distinguish the troublesome language from its earlier opinion of State v. Paz, 31 Or App 851 , 572 P2d 1036 (1977) rev den 282 Or 189 (1978); whatever comfort that language gives defendant, this opinion takes away. These facts illustrate the correctness of my dissent in Paz, to which I resubscribe, which would have led the majority more directly to the same result without the necessity of wiggling away from precedential language.

I concur in part II.

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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