|CALENDAR STATUS: Active|
|State of Oregon .v Justin Jamse Schiller-Munneman|
|Willamette University College of Law|
|Anne Kimiko Fujita Munsey on behalf of Justin James Schiller-Munneman|
Peenesh Shah on behalf of State of Oregon
Statement of Issues:
|Defendant Justin James Schiller-Munneman has been granted review of a Court of Appeals decision that affirmed a trial court's denial of his motion to suppress evidence and the admission of certain evidence in his trial for first-degree rape.|
On review, the issues are:
(1) Does the admission of evidence that the defendant did not respond to text messages sent to him by the victim at the request of police violate his right to remain silent under Article I, section 12, of the Oregon Constitution?
(2) Is a criminal defendant's nonresponse to text messages sent to him by the victim admissible nonhearsay as a statement of a party opponent under OEC 801(4)(b)(A)?
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: