Opinions Filed in March 2012
Criminal Procedure: The Court cannot infer an intentional and knowing waiver of the right to counsel and compel a defendant to proceed pro se when the defendant never expressly waived the right, but rather remained silent when given the choice of affirmatively accepting his current counsel or proceeding pro se.
(Filing Date: 03-29-2012)
Ballot Titles: Under ORS 250.085, the Supreme Court may review arguments concerning language that was removed from the title after the comment period had ended. Further, the language "corporate income" is misleading when it is meant to refer solely to taxable income.
(Filing Date: 03-15-2012)
Criminal Law: Under ORS 813.100, the statute is satisfied if the officer informs the driver of the rights and consequences of refusing a breath or blood test in English, even if he is primarily a Spanish speaker.
(Filing Date: 03-01-2012)