What is the burden of proving a waiver under the Miranda Miranda?
California, United States of America
The following excerpt is from People v. Arteaga, A140356 (Cal. App. 2014):
The prosecution bears the burden of demonstrating the validity of the defendant's waiver by a preponderance of the evidence. (People v. Dykes (2009) 46 Cal.4th 731, 751
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(Dykes).) "In reviewing Miranda issues on appeal, we accept the trial court's resolution of disputed facts and inferences as well as its evaluations of credibility if substantially supported, but independently determine from undisputed facts and facts found by the trial court whether the challenged statement was legally obtained." (People v. Smith (2007) 40 Cal.4th 483, 502.)
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