Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Bush

Court of Appeals of Oregon

April 18, 2018

STATE OF OREGON, Plaintiff-Respondent,
v.
JON LOUIS BUSH, Defendant-Appellant.

          Argued and submitted February 21, 2017

          Marion County Circuit Court 14C44096; Tracy A. Prall, Judge.

          Neil F. Byl, Deputy Public Defender, argued the cause for appellant. With him on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Offce of Public Defense Services.

          Peenesh Shah, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

          Before DeHoog, Presiding Judge, and Egan, Chief Judge, and Aoyagi, Judge. [*]

         Case Summary:

         Defendant appeals a judgment convicting him of first-degree manslaughter. Defendant assigns error to the trial court's ruling denying his motion to suppress statements that he made to police following his arrest. Defendant argues that police did not wait a legally sufficient period of time before reinitiating conversation after he invoked his right to remain silent. Defendant alternatively argues that he did not knowingly and intelligently waive his rights because he was under the infuence of methamphetamine. Held: The trial court did not err in denying defendant's motion to suppress. The police scrupulously honored defendant's rights before reinitiating questioning, and evidence in the record supports the trial court's finding that defendant was not too intoxicated to knowingly and intelligently waive his rights.

         Affirmed.

         [291 Or.App. 408] DEHOOG, P. J.

         Defendant appeals a judgment of conviction entered after a jury found him guilty of first-degree manslaughter, ORS 163.118, a lesser-included offense of the murder defendant was charged with after fatally stabbing his brother, ORS 163.115. Defendant assigns error to the trial court's ruling denying his motion to suppress statements that he made to police following his arrest. He argues that, after he invoked his constitutional right to remain silent, the police did not wait a legally sufficient period of time before reinitiating conversation. He also argues that, because of that initial violation, evidence from two subsequent interviews must also be suppressed. Defendant alternatively argues that he did not knowingly and intelligently waive his right to remain silent, because he was under the influence of methamphetamine. Because we conclude that defendant's rights were not violated, we affirm.

         The only issues on appeal arise from defendant's motion to suppress his custodial statements to the police; therefore, the relevant facts are those presented at defendant's suppression hearing. On July 3, 2014, Salem police officers arrested defendant and took him to the police station. At approximately 5:00 p.m., they brought defendant into an interview room, where they offered him water. At that time, Detective Tallan, who ultimately conducted the challenged interviews, advised defendant of his Miranda rights by reading them verbatim from a card. Tallan asked defendant if he had any questions, and defendant indicated that he understood his rights. Defendant signed the Miranda card. Tallan also read defendant his rights regarding requests for consent to search. Defendant subsequently gave verbal consent to a search of his person.

         Tallan began his interview with defendant by asking him to provide background information, such as where he lived and with whom. Defendant told Tallan that he lived with his brother, the victim in this case. At 5:20 p.m., after Tallan asked defendant whether his brother was okay, defendant responded, "I don't want to say anything right now." Tallan confirmed that defendant did not want to say anything further at the moment and stopped his investigative [291 Or.App. 409] questioning. Tallan asked, however, whether the police could continue to collect physical evidence as previously discussed. Defendant agreed that they could, stating, "You may."

         Officers proceeded to photograph defendant and collect his clothing. During that process, defendant asked Tallan whether he could withdraw his consent as to a blood draw. Tallan explained that he could withdraw his consent because "it's consent; you give it, you can take it away." Tallan further explained, however, that they would draw defendant's blood even without his consent because of the exigency involved. Defendant also asked whether he could revoke his consent to a DNA swab because his DNA was already "on file." Tallan again explained that defendant could revoke his consent, but told defendant that he would prefer to get the DNA directly from him. As officers continued collecting defendant's clothing, defendant, unprompted, said that he would consent to the DNA swab. After the officers finished their initial collection of evidence from defendant, Tallan took him back to the interview room. Throughout their encounter, Tallan asked defendant several times whether he needed to use the restroom or wanted water. Tallan also ordered defendant pizza.

         At 6:03 p.m., defendant asked to smoke a cigarette, and Tallan and another officer took defendant outside so that he could. During that smoke break, defendant told them about a documentary that he had recently seen, but Tallan did not direct the conversation or question defendant at that time. Following the break, the police returned defendant to the interview room and, in response to defendant's complaint that his head hurt, gave him chocolate.

         According to Tallan, defendant was fidgety and unable to sit still. At times it appeared to Tallan as though defendant was having a conversation with someone who was not in the room. Tallan believed defendant's behavior was consistent with that of a person under the influence of a stimulant. Defendant told Tallan that he ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.