Escamilla v. California Insurance Guarantee Association

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 appellants Fifth and Fourteenth Amendment rights was introduced at trial, appellants conviction cannot stand.