People v. Smithson
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
NICHOLSON, J.
These appeals arise from the convictions of defendants Charles Frank Spence (Spence) and Thomas John Smithson (Smithson) for the robbery and murder of Dominick Virgil Tonelli (Tonelli or the victim).
We consolidated the appeals on our own motion. Spence alleges: (1) the trial court improperly refused to conduct a full hearing on Spence’s motion to exclude his confession from evidence; (2) the trial court erroneously determined Spence had voluntarily waived his rights under Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974] (Miranda); (3)…
2Cases cited36 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Jackson v. DennoSupreme Court of the United States · 1964
- United States v. RaddatzSupreme Court of the United States · 1980
- Colorado v. ConnellySupreme Court of the United States · 1986
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3Cited by12 opinions
- King v. Superior CourtCalifornia Court of Appeal · 2003
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- People v. CoyleCalifornia Court of Appeal · 2009
- People v. BrittonCalifornia Court of Appeal · 2001
- People v. MasonCalifornia Court of Appeal · 2014
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