Oregon Supreme Court· 6/21/2018

State v. Swan

Citations

420 P.3d 9
363 Or. 121

How courts have described this case

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

reiterating that, “[o]rdinarily, the Article I, section 11, right to counsel does not attach until indictment”
reiterating that, “[o]rdinarily, the Article I, section 11, right to counsel does not attach until indictment”
noting that the state bears the burden of show- ing that a defendant’s decision to take a breath test was not derived from the officer’s earlier violation of the defendant’s Article I, section 12, rights
highlighting the importance of a “break in time, place, [and] custody” in the Jarnagin analysis (emphasis added)
observing that, although “advising a DUII suspect of the consequences of refusing to take a breath test [does] not render the suspect’s decision to take the breath test involuntary,” doing so “is intended to weight the suspect’s decision towards taking the test”
highlighting the distinction as affecting whether the violation is “egregious or flagrant” for purposes of deter- mining if defendant’s statements were tainted by an ear- lier Miranda violation

Source: CourtListener parenthetical corpus (CC0).

Judges: Kistler

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Cited by

17 cases in this archive cite this case.

Cites

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

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