State v. Courville

368 P.3d 838, 276 Or. App. 672, 2016 Ore. App. LEXIS 262, 2016 WL 806108
CourtCourt of Appeals of Oregon
DecidedMarch 2, 2016
Docket12C46572; A154835
StatusPublished
Cited by9 cases

This text of 368 P.3d 838 (State v. Courville) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Courville, 368 P.3d 838, 276 Or. App. 672, 2016 Ore. App. LEXIS 262, 2016 WL 806108 (Or. Ct. App. 2016).

Opinion

LAGESEN, J.

Defendant appeals from a judgment convicting him, after a stipulated facts trial, of two counts of sexual abuse in the first degree, ORS 163.427. He assigns error to the trial court’s denial of his motion to suppress oral and written admissions that defendant made to the police officer who initially interviewed defendant about the victim’s allegations of abuse. Defendant contends that under Article I, section 12, of the Oregon Constitution, and the Supreme Court’s case law implementing that provision, suppression is required because (1) he was in “compelling circumstances” at the time that he made those admissions to the officer, and (2) the interviewing officer did not advise him of his Miranda rights. We conclude that the trial court correctly determined that defendant was not in compelling circumstances at the time he made the admissions and, accordingly, affirm.

We review a trial court’s ruling on a motion to suppress to determine whether the court’s findings of historical fact are supported by constitutionally sufficient evidence in the record, and whether the trial court correctly applied the applicable law. State v. Ehly, 317 Or 66, 75, 845 P2d 421 (1993). In so doing, we “presume that the facts were decided in a manner consistent with the court’s ultimate conclusion,” if the trial court did not make express findings of fact on all pertinent issues, and if the evidence allows for application of that presumption. Id. Pertinent to the issue presented by this appeal, we review for legal error a trial court’s determination as to whether a defendant was in “compelling circumstances,” so as to require the provision of Miranda warnings, accepting the trial court’s findings of historical fact, provided that there is evidence in the record to support them. State v. Burdick, 186 Or App 460, 463, 63 P3d 1190 (2003).

As required by our standard of review, we state the facts in a manner that is consistent with the trial court’s ultimate ruling. In June 2012, defendant, his wife, his wife’s 17-year-old daughter A, and defendant’s two children with his wife were living in Bend. One morning A called 9-1-1 to report that her mother (defendant’s wife) was manic and attacking her with a frying pan. In the same phone call, [674]*674A reported that defendant had sexually abused her in the past, when the family had been living in Salem. Police responded to the house to address the frying-pan allegations. Later that day, Officer Ward conducted a more detailed interview with A in person, at the police station. In that interview, A told Ward that defendant had touched her vagina on two separate occasions while the family was living in Salem.

Ward and Officer Vincent went to defendant’s house to follow up on what A had told Ward. Vincent knew the family from previous incidents and had a “pretty good rapport” with defendant and the rest of the family. Ward and Vincent asked a DHS worker to accompany them because some of the things that A had said caused them to have concern for the well-being of defendant’s younger children. Vincent, Ward, and the DHS worker all took separate cars to defendant’s house. Vincent and Ward were in uniform, armed, and drove marked patrol cars, but did not use lights or sirens. A rode to the house with Vincent and remained in the car once they were there.

When the officers and the DHS worker arrived, defendant was sitting in a chair in his yard. As the officers and DHS worker approached the gate to the yard, Vincent and defendant started talking. Vincent asked if defendant’s wife was around and also told defendant that they “need[e]d to talk about some stuff.” Ward and the DHS worker went inside the house to speak with defendant’s wife, and Vincent and defendant sat outside in some plastic chairs in defendant’s backyard. According to Vincent, the two were “just BS’ing for the most part” for five or 10 minutes. While they were talking, defendant’s wife would come to the back door of the house and scream at them. Vincent asked defendant if there was someplace that they could talk where they would not be distracted by defendant’s wife, and defendant led Vincent to a side yard. The two continued to talk about the different yard projects that defendant had going or had planned. Defendant asked if Vincent had a cigarette, and Vincent gave him one.

Eventually, Vincent told defendant that A had made allegations that defendant had touched her vagina while the [?]*?family was living in Salem. Vincent also told defendant that he was not going to take defendant to jail that day, but just wanted “to find out the truth and then well go from there.” Vincent explained that he wanted to be fair to both defendant and to A, and asked defendant whether defendant had ever touched A’s vagina. Defendant denied doing so.

The two then talked about a number of other different topics for awhile. After vacillating among multiple topics, Vincent told defendant that they needed to focus on A again. He told defendant that A had said that defendant had inappropriately kissed her and touched her vagina. In response, defendant told Vincent that he would “be honest.” Defendant then told Vincent that he had touched A’s “butt” once. Vincent responded that A had not said anything about defendant touching her “butt,” only that he had touched her vagina. Defendant said that he had touched A’s “butt” intentionally and that, if he touched her vagina, it was an accident. Defendant explained that he had touched A’s “butt” by rubbing it while he was in bed with her.

Vincent encouraged defendant to be honest, telling defendant that honesty was important both for defendant’s sake and for A’s benefit, and that A “needs her dad to be accountable.” Defendant changed the subject again and went back to talking about a fight that he had had with his brother. Vincent directed the conversation back to A’s allegations. Vincent told defendant that “you and I both know what happened,” and that “[A] knows what happened.” Vincent also stated that he thought the real issue was that defendant did not “want to be labeled a [child molester] in jail,” and encouraged defendant to tell the truth for the benefit of A.

Although defendant nodded in response to what Vincent said, he did not confirm A’s allegations. Vincent then said:

“Let’s talk about the big white elephant that’s standing right next to us that you don’t want to talk about. You touched her vagina and you’re afraid about what will happen to you. This isn’t about you right now, this is about [A] and what she needs.”

[676]*676At that point, defendant interrupted Vincent and told him that he had touched A’s vagina once. Vincent thanked defendant for “being honest,” and encouraged defendant to provide more information. In response, defendant provided more information about the touching. Defendant’s description of the event matched A’s. Defendant also continued to acknowledge that he might have, by accident, touched A’s vagina a separate time, during the incident in which he had been rubbing her butt while they were in bed.

After defendant made the admissions, Vincent stated that he would forward the information on to the Marion County District Attorney. Vincent also told defendant that, as a result of the allegations, DHS would probably have to limit defendant’s access to his children. Vincent then asked defendant if there was anything that he would like to pass on to A. Defendant said to tell A that he was sorry.

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Cite This Page — Counsel Stack

Bluebook (online)
368 P.3d 838, 276 Or. App. 672, 2016 Ore. App. LEXIS 262, 2016 WL 806108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-courville-orctapp-2016.