[DOWNLOAD] "People V. Cahill" by Supreme Court Of California # Book PDF Kindle ePub Free

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eBook details

• Title: People V. Cahill
• Author : Supreme Court Of California
• Release Date : January 28, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 128 KB

Description

For a number of years, decisions of both the United States Supreme Court and this court have held that whenever a "coerced" or "involuntary" confession has been received in evidence at a criminal trial, "automatic reversal" of the conviction is required, without regard to the strength of the additional evidence received, unrelated to the confession, that tends to establish the defendant's guilt. (See, e.g., Payne v. Arkansas (1958) 356 U.S. 560, 568 [2 L.Ed.2d 975, 981, 78 S.Ct. 844]; People v. Berve (1958) 51 Cal. 2d 286, 290 [332 P.2d 97]; People v. Trout (1960) 54 Cal. 2d 576, 585 [6 Cal. Rptr. 759, 354 P.2d 231, 80 A.L.R.2d 1418].) In Arizona v. Fulminante (1991) 499 U.S. 279 [113 L.Ed.2d 302, 111 S.Ct. 1246] (hereafter Fulminante), however, a majority of the United States Supreme Court, in reconsidering the soundness of applying a reversible-per-se rule to the erroneous admission of an involuntary confession*fn1 as a matter of federal constitutional law, concluded that the prejudice caused by the erroneous admission of such a confession properly could and should be evaluated, for purposes of the federal Constitution, under the harmless-beyond-a-reasonable-doubt test (see Chapman v. California (1967) 386 U.S. 18, 23 [17 L.Ed.2d 705, 710, 87 S.Ct. 824, 24 A.L.R.3d 1065]) that is applied to virtually all other types of federal constitutional "trial error." (See Fulminante, supra, 499 U.S. at pp. 306-312 [113 L.Ed.2d at pp. 329-333, 111 S.Ct. at pp. 1263-1266] [opn. of Rehnquist, C. J., speaking for a majority of the court on this issue].) Thus, under Fulminante, a state court, without violating the federal Constitution, now may affirm a conviction despite the erroneous admission of an involuntary confession, when the trial record establishes that the admission of the confession was harmless beyond a reasonable doubt. (Ibid.)

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