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State v. Kerr

Oregon Court of Appeals
Apr 7, 1981
623 P.2d 676 (Or. Ct. App. 1981)

Opinion

No. B 57-314, CA 17736

On appellant's reconsideration filed January 6, reconsideration granted; former opinion withdrawn, affirmed ( 49 Or. App. 579, 619 P.2d 1355) February 3, reconsideration denied March 12, petition for review denied April 7, 1981 ( 290 Or. 727)

Appeal from District Court, Lane County.

Gregory G. Foote, Judge.

David J. Philipps, Eugene, for petition.


PER CURIAM.

Reconsideration granted; former opinion withdrawn. Affirmed.


Defendant's petition for reconsideration is granted and our former opinion is withdrawn.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 U.S. 291, 100 S Ct 1682, 64 L Ed 2d 297 (1980).

Reconsideration granted; former opinion withdrawn. Affirmed.


Summaries of

State v. Kerr

Oregon Court of Appeals
Apr 7, 1981
623 P.2d 676 (Or. Ct. App. 1981)
Case details for

State v. Kerr

Case Details

Full title:STATE OF OREGON, Respondent, v. FRED ROBERT KERR, Appellant

Court:Oregon Court of Appeals

Date published: Apr 7, 1981

Citations

623 P.2d 676 (Or. Ct. App. 1981)
623 P.2d 676

Citing Cases

State v. Kerr

Argued and submitted October 20, 1980Affirmed December 8, 1980 Former opinion withdrawn, affirmed ( 50 Or.…