California, United States of America
The following excerpt is from People v. Ernest, B232792 (Cal. App. 2012):
"The basic principles governing defendant's claim are settled. 'In reviewing defendant's claim that his Miranda rights were violated, we must accept the trial court's resolution of disputed facts and inferences, as well as its evaluation of the credibility of witnesses where supported by substantial evidence. [Citations.] Miranda makes clear that in order for defendant's statements to be admissible against him, he must have knowingly and intelligently waived his rights to remain silent, and to the presence and assistance of counsel. [Citation.]'" (People v. Sauceda-Contreras (2012) 55 Cal.4th 203, 217 (Sauceda-Contreras), quoting People v. Cruz (2008) 44 Cal.4th 636, 667 (Cruz).)
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