Oregon Supreme Court· 9/16/1986

State v. Smith

Citations

725 P.2d 894
301 Or. 681
1986 Ore. LEXIS 1489

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “the key to the ‘free and voluntary’ character of the confession is the inducement made to the defendant — was there any promise or threat made to the defendant which would elicit a false confession”
holding, based on an extensive review of Oregon case law, that confessions are “initially deemed to be involuntary and the burden is upon the state to prove that it was voluntary”
explaining that “[w]e know of no case that interprets or applies ORS 136.425 independently of the common-law rules on confessions and admissions” and holding that the statute excludes confessions induced by threats or promises
stating that “the key to the ‘free and voluntary’ character of the confession is the inducement made to the defendant—was there any promise or threat made to the defendant [that] would elicit a false confession”
plurality opinion holding that Article I, section 12, of Oregon Constitution “includes and guarantees” the same protections afforded by the statutory rule
\[T]he statement is not necessary to the decision in the case and is 8 dictum.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Campbell, Jones, Linde, Lent

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Cited by

41 cases in this archive cite this case; the 20 most cited are listed.

Cites

68 cases in this archive are cited by this case; the 20 most cited are listed.

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