· 2/16/2011
Redwine v. STARBOARD, LLC
Citations
- 251 P.3d 192
- 240 Or. App. 673
- 2011 Ore. App. LEXIS 154
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reversingjudgment of summary contempt entered after purported corporate principal invoked privilege against self-incrimination in refusing to respond to inquiries in debtor-creditor exam
- reversing contempt judgments based on contemnor’s failure to answer questions during judgment debtor examination where answers to questions would have exposed contemnor to criminal liability
- considering privilege against self-incrimination only under Fifth Amendment where parties did not develop a separate analysis under Article I, section 12
- “Accordingly, although we typically consider arguments raised under the Oregon Constitution before considering those raised under [the] federal constitution, we will focus on the privilege as it applies under the Fifth Amendment.” (Internal citations omitted.)
- “We review the trial court’s conclusion as to Cite as 301 Or App 404 (2019) 411 the applicability of a privilege in this context for errors of law.”
- the “[Fifth Amendment] privilege protects a person from being compelled to testify in any proceeding—including civil proceedings—when the answers may incriminate the person in a future criminal prosecution”
Source: CourtListener parenthetical corpus (CC0).
Judges: Haselton, Armstrong, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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