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Supreme Court of California - 491 P.2d 793, 6 Cal. 3d 375
Tags: Criminal law, Felony murder, Merger doctrine
The court reversed the conviction of a defendant for two counts of first-degree murder and assault because his confession was obtained in violation of Miranda v. Arizona. The defendant's request to see his parents during interrogation should have been considered an invocation of his Fifth Amendment privilege against self-incrimination. The court held that a minor's request to see one of their parents during an interrogation without an attorney present must be interpreted as an invocation of their Fifth Amendment privilege, and the police must immediately stop questioning the minor upon the exercise of this privilege. Failure to do so renders any subsequent confession obtained inadmissible and constitutes reversible error. The felony-murder rule imputes malice to homicides resulting from the commission of a felony, but intentional killings can still be mitigated to voluntary manslaughter if there was sufficient provocation or if the defendant did not attain the mental state of malice due to mental illness, mental defect, or intoxication.
One of the judges disagrees with the decision made by the majority. He thinks that the decision should be kept the same because of the reasons given by another judge in a previous court ruling.
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