California Court of Appeal

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PEOPLE v. CLELAND, B143757

Trial court erred in admitting 1) an incriminating statement made in response to police questioning following arrest but prior to Miranda, and 2) post-arrest silence that constituted affirmative evidence of guilt. Convictions are reversed.

Appellate Information

  • Decided 05/27/2003
  • Published 05/27/2003

Judges

  • PERLUSS, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Peter Gold, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant Rebecca Cleland., Colleen M. Rohan, under appointment by the Court of Appeal, for Defendant and Appellant Jose J. Quesada., Peter A. Leeming, under appointment by the Court of Appeal, Santa Cruz, for Defendant and Appellant Alvaro Quesada., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.
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