People v. Mitchell

Emmette Dize, Mitchell appeals his conviction for murdering his four-year-old nephew (Pen. Code, § 187) on multiple grounds: (1) Withdrawing life support systems from the allegedly “brain dead” victim without providing Mitchell a judicial hearing to first determine whether death had already occurred, denied due process of law and assistance of counsel; by “pulling the plug” the state participated in the killing while attempted murder charges were pending, thus, precluding it from later charging Mitchell with the murder; and “brain death” is not a proper standard for criminal homicides; (2) Insufficient evidence to show his mental capacity to commit first-degree murder; (3) Judicial error at the preliminary examination and trial in admitting his admissions in the absence of independent proof of the homicide corpus delicti; (4) violation of his privilege against self-incrimination (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ]); (5) failure to obtain an express waiver of his Miranda rights; (6) employing the wrong standard of proof to determine voluntariness of his Miranda waiver; (7) failure to consider the totality of the…