California, United States of America
The following excerpt is from The PEOPLE v. RODRIGUEZ, C061207, No.06F07081 (Cal. App. 2010):
facts. This ultimate determination... presents a "mixed question of law and fact"....' (Jbid., fn. omitted.) Accordingly, we apply a deferential substantial evidence standard [citation] to the trial court's conclusions regarding '"basic, primary, or historical facts: facts 'in the sense of recital of external events and the credibility of their narrators... [Citation.] Having determined the propriety of the court's findings under that standard, we independently decide whether 'a reasonable person [would] have felt he or she was not at liberty to terminate the interrogation and leave.' [Citation.]" (People v. Ochoa (1998) 19 Cal.4th 353, 401-402.)
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