When will a defendant's statements to police be excluded from trial evidence?
California, United States of America
The following excerpt is from People v. See, F066357 (Cal. App. 2015):
We have reviewed the interview transcripts in detail, and the totality of the circumstances supports the conclusion defendant's pretrial statements to police were admissible. As a consequence, it was not ineffective assistance for defendant's trial counsel to not seek exclusion of defendant's statements to police. (People v. Berry, supra, 224 Cal.App.3d at p. 170.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant exclude evidence of a prior DUI and a statement he made to a police officer at the scene of the accident? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a defendant be denied a fair trial when relevant evidence is excluded from the trial? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
When a defendant's extrajudicial statements form part of the prosecution's evidence, does the trial court have to instruct sua sponte that a finding of guilt cannot be predicated on the statements alone? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
Is counsel incompetent in denying a defendant's motion to exclude his statements to the police in violation of Miranda v. Miranda? (California, United States of America)
In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
