|CALENDAR STATUS: Active|
|State of Oregon v. Celso Avila-Nava|
|Supreme Court Case 3|
|Peenesh Shah on behalf of the State of Oregon|
Jed Perterson on behalf of Celso Avila-Nava
Statement of Issues:
|State of Oregon v. Celso Avila-Nava (S061802) (A146527) (appeal from Washington County Circuit Court; opinion reported at 257 Or App 364, 306 P3d 752 (2013)).|
The State of Oregon has been granted review of a Court of Appeals decision that reversed and remanded the convictions of defendant Celso Avila-Nava based upon the trial court's admission into evidence of statements made by defendant that he contends were unlawfully elicited after he had invoked his right to remain silent.
On review, the issues are:
(1) When a suspect says words that may be an unequivocal invocation of the Miranda right to remain silent, must an officer cease questioning if the suspect's intonation, demeanor, and other surrounding circumstances would cause a reasonable officer to doubt whether the suspect was unequivocally invoking the right to remain silent?
(2) If a non-English speaking suspect utters words that may be an unequivocal invocation of the Miranda right to remain silent, may an officer nonetheless continue to discuss the Miranda rights with the suspect if the officer reasonably believes that the suspect does not understand the rights?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: