Hinds

Michael James Hinds appeals from a judgment of conviction of first degree murder with personal use of a firearm (Pen. Code, §§ 187, 12022.5), challenging the admissibility of his extrajudicial statements to police on Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]) and voluntariness grounds. Respondent concedes Miranda error and “overbearing” police tactics. This wrongful conduct compels us to reverse; because a taped confession obtained in gross violation of appellant’s Fifth and Fourteenth Amendment rights was introduced at trial, appellant’s conviction cannot stand.

Facts

On August 16, 1981, 19-year-old Michael Hinds killed his friend, Kenneth White, who was 21, with eight to nine blasts from a 12-gauge shotgun. There was no dispute at trial that appellant committed the homicide and that the killing was unlawful; the issues for the jury concerned the nature of the crime: whether appellant committed manslaughter or murder, and if murder, the degree of murder.

Sixteen-year-old Michelle M. had known the victim, Kenny White, since grade school and had dated him during a few months in 1981. They argued constantly.…