United States Ninth Circuit

Defendant's conviction of abusive sexual contact is reversed and remanded for a new trial, where: 1) under the totality of the circumstances, including the eighteen-year-old defendant's intellectual disability, the confession that resulted from police questioning was involuntarily given and should not have been admitted at trial; but 2) sufficient evidence supported defendant's conviction at the first trial so remand for a new trial is appropriate and not prohibited by the Double Jeopardy Clause.

Appellate Information

• Decided 05/12/2014
• Published 05/12/2014

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel