Interrogations & Confessions

Name: People v. Orozco
Case #: B288942
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 02/28/2019
  • Categories: Areas Constitutional Law, Confessions, Due Process, Interrogations & Confessions, Miranda v. Arizona

Invocation of the Miranda right to counsel does not preclude admission of a confession made to a person defendant is unaware is functioning as an agent of law enforcement. Orozco struck his daughter so hard that he killed her. Orozco…

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Name: People v. Johnson
Case #: D071011
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/05/2019
  • Categories: Admitting/Excluding, Confessions, Evidence, Foreign Priors, General Principles, Interrogations & Confessions, Jury Instructions, Miranda v. Arizona, SB 620 Firearm Enhancements, Sentencing

Trial court's failure to instruct the jury on second degree murder or voluntary manslaughter was not error because the evidence did not support these instructions. Johnson and Guthrie committed a "hit" on Canady in a barber shop, allegedly ordered by…

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Name: People v. Cisneros-Ramirez
Case #: G055409
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/26/2018
  • Categories: Appeals, Guilty Pleas, Interrogations & Confessions, Miranda v. Arizona, Plea Bargaining, Pleas, Waiver of Right

Defendant's waiver of his "right to appeal from [his] guilty plea" precludes appellate review of his motion to exclude statements on Miranda grounds. Defendant's pretrial motion to suppress his statements following his arrest as obtained in violation of Miranda v.…

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Name: People v. Delgado
Case #: C082480
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/01/2018
  • Categories: Confessions, Interrogations & Confessions, Miranda v. Arizona

In murder prosecution, trial court erred by not excluding defendant's un-Mirandized inculpatory statements, but the error was harmless because of defendant's voluntary post-Miranda confession. Delgado was found guilty of two counts of special circumstance murder after he confessed to shooting…

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Name: Martinez v. Cate
Case #: 15-16433
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/11/2018
  • Categories: Extraordinary Remedies, Habeas Corpus (Federal), Interrogations & Confessions, Miranda v. Arizona

Petitioner was entitled to federal habeas relief because the California Court of Appeal unreasonably applied clearly established federal law in concluding a detective honored the petitioner's request for counsel during a custodial interrogation. Martinez and a codefendant were arrested after…

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Name: People v. Torres
Case #: D072610
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/12/2018
  • Categories: Ineff. Assist. Counsel (IAC), Interrogations & Confessions, Miranda v. Arizona, Right to Counsel

Trial counsel's failure to seek suppression of defendant's un-Mirandized statements to police constituted prejudicial ineffective assistance of counsel (IAC), mandating reversal of defendant's conviction. A jury convicted Torres of committing lewd acts on a minor (Pen. Code, § 288, subd.…

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Name: In re I.F.
Case #: C080658
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/22/2018
  • Categories: Interrogations & Confessions, Involuntary/Coerced, Miranda v. Arizona

Based on the totality of the circumstances, 12-year-old minor was in custody for purposes of Miranda during two pre-arrest interviews at district attorney's office and juvenile court erred by admitting his statements. I.F., then 12 years old, was charged by…

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Name: People v. Almeda
Case #: C077141
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/12/2017
  • Categories: Accomplice Testimony, Accomplices, Admitting/Excluding, Areas Constitutional Law, Confessions, Confront/Cross-exam, Crimes, Evidence, Government Agent Elicits, Hearsay, Interrogations & Confessions, Redaction (Bruton error)

Admission of cellmate's testimony relating defendant's incriminating statements did not violate his Sixth Amendment right to counsel because the cellmate was not acting under the government's direction. Villa and Almeda were charged with first degree murder for shooting a man…

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Name: People v. Saldana
Case #: D071432
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/12/2018
  • Categories: Confessions, Interrogations & Confessions, Miranda v. Arizona

Where police created an atmosphere equivalent to that of formal arrest but did not provide Miranda warnings to defendant, trial court prejudicially erred by allowing defendant's confession to be admitted into evidence. The 58-year-old defendant, with no notable criminal history,…

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Name: People v. Harrison
Case #: B272132
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/26/2017
  • Categories: Confessions, Discovery, Fair Trial, Interrogations & Confessions, Pretrial Motions

Prosecutor's failure to disclose a digital in-car camera recording of defendant's alleged confession constituted a Brady violation and warranted reversal of one count. Harrison was charged with various assault, firearm, and criminal threat offenses after an incident in which he…

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