People v. Lessie, No. S163453

By FindLaw Staff on February 01, 2010 | Last updated on March 21, 2019

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


Opinion by Judge Werdegar

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

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