Adams

People v. Adams

Bad Law
143 Cal. App. 3d 970·192 Cal. Rptr. 290·1983 Cal. App. LEXIS 1833
Court of Appeal of CaliforniaJune 15, 1983Crim. 5797California30,452 words

Opinion

Lead Opinion

Hanson, J.

Appellant, convicted by a jury of the first degree murder of her friend and lover, contends that crucial admissions were obtained from her through impermissibly coercive police tactics and that the use of these statements and their fruits was prejudicial. We agree that critical statements of appellant were the product of psychological coercion and other improper influences during questioning. Our reasons for reversing the *975 judgment on this ground are discussed in detail. (People v. McClary (1977) 20 Cal.3d 218, 227 [ 142 Cal.Rptr. 163 , 571 P.2d 620 ].)

Appellant was charged by information filed in Kings County with the murder of Jerry Lee Pollock in violation of Penal Code section 187, subdivision (a), and with the use of a gun in the commission of the offense. (Pen. Code, § 12022.5.)

Appellant’s pretrial common law motion to suppress statements on the ground of coercion by police interrogators and to dismiss (Pen. Code, § 995) was denied in Kings County Superior Court. Thereafter, appellant’s petition for a writ to overturn the ruling was denied by this court. Appellant’s pretrial motion for change of venue was denied. After jury selection began, a renewed motion…

Dissenting Opinion

Woolpert, J.

I respectfully dissent. In reacting with less offense than the majority to the sheriff’s religious technique in seeking a truthful confession, I am mindful of the description Justice Kaus has given to this appellate duty: “[W]e must of necessity perform a task for which we are not particularly well equipped—the determination how another person, whom we know only through the pages of an appellate record, was likely to act under certain stressful circumstances which none of us has ever experienced. Inevitably this exposes one to the charge of being a ‘parlor shrink.’ Yet this is precisely the kind of determination which courts are constitutionally bound to make and do make in case after case involving a claim that a confession was involuntary.” (People v. Hogan (1982) 31 Cal.3d 815, 856 [ 183 Cal.Rptr. 817 , 647 P.2d 93 ], conc. opn.)

In performing our appellate review we can find no better advice than that given twice in one volume of the reports, which is quoted at length:

*998 More recently, in a case involving much more aggravated facts than we review, including a technique sometimes called “brainwashing,” the court’s step-by-step analysis bears repeating. In People v. Hogan,…

Opinion

HANSON (P.D.), J.

Appellant, convicted by a jury of the first degree murder of her friend and lover, contends that crucial admissions were obtained from her through impermissibly coercive police tactics and that the use of these statements and their fruits was prejudicial. We agree that critical statements of appellant were the product of psychological coercion and other improper influences during questioning. Our reasons for reversing the judgment on this ground are discussed in detail. ( People v. McClary (1977) 20 Cal.3d 218, 227 [ 142 Cal. Rptr. 163 , 571 P.2d 620 ].)

Appellant was charged by information filed in Kings County with the murder of Jerry Lee Pollock in violation of Penal Code section 187, subdivision (a), and with the use of a gun in the commission of the offense. (Pen. Code, § 12022.5.)

Appellant's pretrial common law motion to suppress statements on the ground of coercion by police interrogators and to dismiss (Pen. Code, § 995) was denied in Kings County Superior Court. Thereafter, appellant's petition for a writ to overturn the ruling was denied by this court. Appellant's pretrial motion for change of venue was denied. After jury selection began, a…

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