State v. Chavez-Meza

"The burden is on the state to 'overcome [the presumption that confessions are involuntary] by offering evidence affirmatively establishing that the confession was voluntary.'" State v. Jackson, 364 Or 1, 21, 430 P3d 1067 (2018).

Defendant appealed a conviction for one count of Rape in the Second Degree, one count of Sexual Abuse in the First Degree, and one count of Sodomy in the Second Degree.  Defendant assigned error to the trial court's denial of his motion to suppress statements that were made to the police.  On appeal, Defendant argued that the court was wrong to deny a motion to suppress comments made to the detectives because there was a promise of leniency that both detectives gave him if he confessed. In response, the State argued that the confessions were voluntary because no promise of leniency was given and there was no improper coercion.  "The burden is on the state to 'overcome [the presumption that confessions are involuntary] by offering evidence affirmatively establishing that the confession was voluntary.'" State v. Jackson, 364 Or 1, 21, 430 P3d 1067 (2018).  The Court held that Defendant's confessions were "not the product of deceptive police statements or as part of any implicit or explicit exchange for leniency," but rather were voluntary; therefore the trial court did not err in concluding that the State met its burden.  Affirmed.