What is the current state of the law on the subjective test for Miranda rights?

California, United States of America


The following excerpt is from The People v. Camino, G041887, G042933, No. 07CF3276 (Cal. App. 2010):

6. Justice Kennedy's subjective test heightens "the role of trial courts... to ensure that the accused's Miranda rights are protected." (State v. Gaw (Mo. 2009) 285 S.W.3d 318, 324.)

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