State v. Carlson

Oregon Supreme Court

808 P.2d 1002 (Or. 1991)

March 21, 1991

An acceptable admission by a party opponent is one uttered in circumstances such that it was clear the defendant intended to adopt the statement as his or her own.

Relevant Facts

The defendant was convicted for unlawful possession of a controlled substance and for endangering the welfare of a minor. The evidence used to convict the defendant included testimony of a police officer in which the officer questioned the defendant about needle marks on his arms without first advising him of his constitutional rights. After the defendant respondent, the wife interjected and said “you liar, you got them from shooting up in the bathroom”. The defendant then hung his head and shook his head back and forth. The defendant appealed the admissibility of his wife’s testimony as hearsay.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

November 19, 2020

Judicial Opinion

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Procedural History

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Citations

808 P.2d 1002 (Or. 1991)