California Court of Appeal

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PEOPLE v. LEAL, H023031

In trial for forcible lewd acts on a child, the court did not err in defining "duress" to include a direct or implied threat of hardship. Miranda admonitions were not required, where circumstances did not create a coercive atmosphere such that a reasonable person would have experienced a restraint tantamount to an arrest.

Appellate Information

  • Decided 01/24/2003
  • Published 01/24/2003


  • MIHARA, J.


  • California Court of Appeal


  • For Appellant:
  • J. Courtney Shevelson, Carmel, Attorney for Appellant.

  • For Appellees:
  • Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Gerald A. Engler, Supervising Deputy Attorney General, Allan Yannow, Deputy Attorney General, Attorneys for Respondent.
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