People v. Lessie, No. S163453

Conviction of minor-defendant for second-degree murder is affirmed as People v. Burton, 6 Cal.3d 375 (1971), is no longer good law as the holding was based on the United States Constitution, and Burton's special rule for minors is inconsistent with the high court's subsequent decision in Fare v. Michael C., 442 U.S. 707 (1979), which requires courts to determine whether a defendant - minor or adult - has waived the Fifth Amendment privilege by inquiring into the totality of the circumstances surrounding the interrogation.     

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Appellate Information

Filed January 28, 2010

Judges

Opinion by Judge Werdegar

Counsel
For Appellant:   Elisa A. Brandes

For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General,  Ronald Jakob, Steven T. Oetting and Jennifer A. Jadovitz, Deputy Attorneys General