Opinion · Court of Appeals of Oregon

State v. Kerr

50 Or. App. 301

Type: Opinion
Court: Court of Appeals of Oregon
Jurisdiction: Oregon
Date: 1981-02-03
Topic: general

PER CURIAM. Defendant’s petition for reconsideration is granted and our former opinion is withdrawn. On the merits of defendant’s appeal, we conclude that if defendant was in custody when the challenged statement was made it is nevertheless admissible because it was not the product of interrogation as defined in Rhode Island v. Innis, 446 US 291, 100 S Ct 1682, 64 L Ed 2d 297 (1980). Reconsideration granted; former opinion withdrawn.

Citator

UpLaw has not yet analyzed State v. Kerr. The absence of a flag is not a finding that it is good law.

PER CURIAM.

Defendant’s petition for reconsideration is granted and our former opinion is withdrawn. On the merits of defendant’s appeal, we conclude that if defendant was in custody when the challenged statement was made it is nevertheless admissible because it was not the product of interrogation as defined in Rhode Island v. Innis, 446 US 291, 100 S Ct 1682, 64 L Ed 2d 297 (1980).

Reconsideration granted; former opinion withdrawn. Affirmed.