Willamette Law Online

Oregon Supreme Court

( 2 summaries )

Opinions Filed in June 2011

State v. Davis

Criminal Law: The right against self-incrimination prohibits police questioning only when a defendant is in custody or otherwise in compelling circumstances, and the right to counsel bars police questions outside the presence of counsel only once criminal proceedings have begun.

(Filing Date: 06-30-2011)

State v. Speedis

Criminal Law: A trial court does not overstep its sentencing authority when it employs nonenumerated factors to enhance a defendant’s sentence because 1) the state legislature authorized courts to impose a greater prison sentence if aggravating factors existed, and 2) trial courts are guided by two criteria: the seriousness of the offense and the character status of the offender, which confine impermissible vagueness issues.

(Filing Date: 06-30-2011)