Does a waiver of rights and subsequent confession were voluntary?
California, United States of America
The following excerpt is from People v. Flemming, A130683 (Cal. App. 2013):
On appeal, we decide de novo whether a defendant's waiver of rights and subsequent confession were voluntary. (People v. Memro (1995) 11 Cal.4th 786, 826.) In making this decision, we defer to the trial court's underlying factual findings if supported by substantial evidence. (Ibid.)
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