In what circumstances have we found no evidence of coercion or coercion by the detective who interviewed defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Preciado, E062897 (Cal. App. 2016):

Moreover, in his personal brief, defendant seems to be challenging the interrogation techniques of the detective who interviewed defendant. In essence, defendant argues that the officer's repeated questions made defendant confess to a crime he did not commit so he could "walk home." We have reviewed the record and find no evidence of coercion by the officer. Even if we were to assume that defendant's confession was coerced and the court erred in admitting the statement, we review such error "in the context of other evidence presented" to determine whether the admission of his statement was harmless beyond a reasonable doubt. (Arizona v. Fulminante (1991) 499 U.S. 279, 308.) Here, there was overwhelming evidencewithout defendant's confessionto support defendant's convictions. Therefore, we find any alleged error to be harmless beyond a reasonable doubt.

Page 10

Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

The judgment is affirmed.

Other Questions


Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
In what circumstances will a jury acquit a defendant in a sexual assault case where the evidence relied mainly on circumstantial evidence? (California, United States of America)
Is evidence of sexual assault against a defendant in a sexual assault case not inadmissible? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
Is there any case law in which a defendant has been found to have used force or coercion against a defendant in a civil case? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
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