Court of Appeals Win: Case Returned to Washington County for New Trial
The Court of Appeals recently held that the prosecution failed to prove that Ryan O'Connor's client, Linus Norgren, knowingly and intelligently waived his Miranda rights. The Court agreed with our argument that Mr. Norgen's active mental health crisis meant that he could adequately understand and waive his Miranda rights. It ordered the suppression of his statements, and it sent the case back to the Washington County Circuit Court for a new trial. Norgen is one of the first Oregon appellate court cases to recognize how a person's mental illness can prevent the person from understanding their constitutional rights during police interrogation.
Court of Appeals Decision: http://www.publications.ojd.state.or.us/docs/A159441.pdf