Does a defendant have to consent to be interrogated and then select the portions of the interrogation that will be used at his trial?

California, United States of America

The following excerpt is from People v. Sully, 283 Cal.Rptr. 144, 53 Cal.3d 1195, 812 P.2d 163 (Cal. 1991):

A defendant cannot consent to be interrogated and then select the portions of the interrogation that will be used at his trial. The record does not reveal that any admission made by defendant after he had invoked Miranda rights was admitted at his trial. Defendant does not demonstrate that his constitutional or other legal rights were in any way violated in this case. (People v. Silva, supra, 45 Cal.3d at pp. 629-630, 247 Cal.Rptr. 573, 754 P.2d 1070.) Whether or not expressly discussed, we have considered and rejected as without merit all of the assignments of error presented in all of defendant's briefs.

[53 Cal.3d 1253]

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)

What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)

Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)

What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)

Does the record support a defendant's claim that his trial attorneys engaged fully in the process of selecting a jury? (California, United States of America)

Is a defendant entitled to a fair trial if he is found guilty in the guilt phase of his trial? (California, United States of America)

Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)

Does a waiver of a jury trial apply to a defendant before proceeding to a bench trial? (California, United States of America)

Does a defendant have to consent to be interrogated and then select the portions of the interrogation that will be used at his trial?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources