Can a defendant bring a motion to suppress his confession on the grounds that it was obtained in violation of Miranda?

California, United States of America


The following excerpt is from People v. Bastida, A140266, A146151 (Cal. App. 2015):

Conceding that his trial attorney did not move to suppress his confession on the ground that it was obtained in violation of Miranda, defendant argues that his attorney's failure to do so amounts to ineffective assistance of counsel. To prevail on such a claim, the defendant must establish that his attorney's omission "fell below an objective standard of reasonableness" and demonstrate "a reasonable probability that, but for counsel's unprofessional error, the result of the proceeding would have been different." (People v. Dickey (2005) 35 Cal.4th 884, 907.) The Attorney General argues, among other things, that counsel did not render ineffective assistance because there was no Miranda violation.5

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