State of Oregon v. Leland Jay Hemenway (S059085)

Oral Argument: 11/14/2011 10:30 a.m. Reynolds High School,Troutdale Statement of Issues: Defendant Leland Jay Hemenway and the state, in separate petitions, have been granted review of a Court of Appeals decision that vacated the conviction of defendant and remanded for further proceedings. On Review, the issues are: (1) Issue raised by defendant: In order for a person to be constitutionally "stopped" must a suspect subjectively believe that he is unable to leave? (2) Issue raised by the state: If the defendant "voluntarily" consents to a search for purposes of Article I, section 9, of the Oregon constitution, and if the search reveals incriminating evidence, can unlawful police conduct that proceded the consent require suppression of the evidence? In a letter to both parties the Court has noted that the merits of defendant's petition appear to have been substantially addressed in State v. Ashbaugh,349 Or 297 (2010). Accordingly, the Court has requested counsel for both parties to focus their briefing on the issue raised the state's petition for review, and, to the extent they may dispute it, the effect of Ashbaugh on the issue raised in defendant's pettion for review and its application to this case. The Court has requested that the parties avoid briefing any issues that were raised and decided in Ashbaugh.

Reynolds High School

11/14/2011 6:30:00 PM