Legal Opinion · Concurring in part, dissenting in part

People v. Bichara

California Court of Appeal, 5th District

Decided January 30, 2017No. B270653Published

1Concurring in part, dissenting in part

BAKER, J., Concurring in Part and Dissenting in Part

The interrogation of defendant Armando Bichara presents a textbook violation of *917Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602 (Miranda ). Not only did the interviewing detectives refuse to honor defendant's unambiguous invocation of his right to cut off further questioning during the interrogation,1 the testimony of one of the detectives later at trial revealed a fundamental misunderstanding or unawareness of what Miranda and its progeny require.2 *1289I therefore concur in the judgment that the Miranda violation compels reversal of…

2Cases cited8 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Berghuis v. ThompkinsSupreme Court of the United States · 2010
  3. People v. GreenCalifornia Supreme Court · 1980
  4. People v. CahillCalifornia Supreme Court · 1993
  5. People v. OrtizCalifornia Court of Appeal · 2012

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API