(Download) "People v. Russell" by In the Court of Appeal of the State of California Second Appellate District Division Seven # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Russell
- Author : In the Court of Appeal of the State of California Second Appellate District Division Seven
- Release Date : January 23, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
A petition under Welfare and Institutions Code section 602 was initiated against respondent Kenneth S., a minor, alleging that he had committed second degree robbery (Pen. Code, § 211) and misdemeanor battery (Pen. Code, § 242). The juvenile court sustained the petition as to both counts, the principal evidence against respondent being a confession he gave to police. Before the disposition hearing, respondent moved for a new trial on the ground that the then recent United States Supreme Court decision in Missouri v. Seibert (2004) 542 U.S. 600 [124 S.Ct. 2601] (Seibert) established that he was in custody at the time he confessed, and, because he had not received the required Miranda warnings, his confession was inadmissible. The juvenile court granted the motion and dismissed the petition with prejudice when the People were unable to proceed. The People appeal from the order granting the new trial motion and dismissing the petition, contending that Miranda warnings were not required because respondent was not in custody at the time he confessed. Respondent contends that we lack jurisdiction to consider this appeal.