People v. Posey

This is a motion to suppress a statement given to the police by the defendant. There is no question that the defendant was given the Miranda rights before the officers questioned him. He said he understood these rights prior to giving his statement to the officers. The question presented is whether he had the mental capacity to waive his right, and if he does not, whether he does have the requisite mental capacity to stand trial.

The testimony and reports of the doctors indicate that the capacity of the defendant was that of a moderately retarded young adult. It appears that words used in the…