Legal Opinion
People v. Avila
California Court of Appeal
Decided September 30, 1999No. G022297PublishedCited by 10 opinions
1Opinion of the Court
Opinion
SILLS, P.J.
Gamaliel Avila was charged with attempted murder and related offenses 1 arising from a December 1996 shooting. While in custody following his arraignment, he confessed to an unrelated attack on a rival gang which occurred in November 1996. The prosecution responded by amending the original complaint to include charges from the earlier incident. 2 A jury found Avila guilty of all counts except the attempted murder.
On appeal, Avila asserts his statement regarding the November 1996 assault was taken in violation of his Miranda “right to counsel” and should have been suppressed.…
2Cases cited21 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Massiah v. United StatesSupreme Court of the United States · 1964
- Moran v. BurbineSupreme Court of the United States · 1986
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3Cited by10 opinions
- People v. MitchellCalifornia Supreme Court · 2001
- People v. VillalobosIllinois Supreme Court · 2000
- State v. JosephHawaii Supreme Court · 2006
- Marr v. StateCourt of Special Appeals of Maryland · 2000
- People v. NguyenCalifornia Court of Appeal · 2005
5 more not listed; retrieve them via the Exa API.