Confessions

Name: In re T.F.
Case #: A144085
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/16/2017
  • Categories: Admitting/Excluding, Confessions, Delinquency (602), Evidence, Motion to Suppress (WIC 700.1), Presumptions of Witness

Juvenile court erred by admitting minor's confession because minor did not voluntarily waive his Miranda rights under officer's aggressive and intimidating interrogation. T.F., a minor, was accused of committing a lewd act on a 4-year-old when he was 13 years…

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Name: People v. Joseph H.
Case #: E059942
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/08/2015
  • Categories: Areas Constitutional Law, Confessions, Confessions, Delinquency (602), Disposition Phase, Interrogations & Confessions, Miranda v. Arizona, Right Against Self-incrim

It was harmless error for police to ask minor, who was under 14 years old, questions that were designed to establish that he appreciated the wrongfulness of his conduct (Gladys R. questionnaire) without first giving Miranda warnings. When he was…

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Name: In re Elias V.
Case #: A140263
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/09/2015
  • Categories: Areas Constitutional Law, Confessions, Delinquency (602), Interrogations & Confessions, Involuntary/Coerced, Miranda v. Arizona, Right Against Self-incrim

Coercive police techniques employed during interrogation of minor rendered his confession involuntary. Elias, a 13-year-old, was accused of molesting a young female neighbor (Pen. Code, § 288, subd. (a)). Prior to and at the time of the jurisdictional hearing, the…

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Name: In re Art T.
Case #: B251083
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/11/2015
  • Categories: Confessions, Confessions, Delinquency (602), Interrogations & Confessions, Miranda v. Arizona

Thirteen-year-old's statement during custodial interrogation—"Could I have an attorney?"—is an unambiguous invocation of his right to counsel. During a murder investigation, detectives questioned Art T., who was 13 years old at the time. After being read his Miranda rights, Art…

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Name: In re J.L.
Case #: B231854
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/12/2012
Subsequent History: Mod. opn. 7/12/12
  • Categories: Confessions, Crimes, Delinquency (602), Elements of Crimes, Evidence, Insufficiency/Sufficiency of, Interrogations & Confessions, Max. Term of Confinement, Miranda v. Arizona

There was sufficient evidence that appellant used a sidewalk as a deadly weapon in violation of Penal Code section 245, assault with a deadly weapon. Appellant punched the victim in the eye, who fell to the sidewalk. While the victim…

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Name: People v. Nelson
Case #: S181611
Court: CA Supreme Court
District CalSup
Opinion Date: 01/12/2012
  • Categories: Confessions, Delinquency (602), Interrogations & Confessions, Miranda v. Arizona

A clear invocation of right to counsel under Davis applies to a minor tried as an adult. The 15-year-old defendant was tried as an adult and convicted of murder and five counts of first degree burglary. A motion to suppress…

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