Does the Attorney General have any grounds to deny a defendant's right to invoke his Miranda during questioning?
California, United States of America
The following excerpt is from People v. Lucero, 23 Cal.4th 692, 3 P.3d 248, 97 Cal.Rptr.2d 871 (Cal. 2000):
Defendant argues that the trial court should have granted his motion for mistrial. He relies on Doyle v. Ohio (1976) 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed.2d 91, which holds that the prosecution may not penalize a defendant for invoking Miranda rights during interrogation by using the invocation against the defendant at trial. The Attorney General asserts that defendant did not preserve the issue for appeal because his objection to the challenged testimony and his request for a mistrial
[97 Cal.Rptr.2d 885]
were untimely, b or the sake of argument, we assume that defendant's motion for a mistrial was timely. Nevertheless, we find no error.[97 Cal.Rptr.2d 885]
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