Does the Miranda rights of a defendant need to be reviewed in the context of a criminal case?
California, United States of America
The following excerpt is from People v. Richard, B162622 (Cal. App. 11/19/2003), B162622. (Cal. App. 2003):
A trial court's conclusion that a defendant's Miranda rights were not violated is subject to de novo review and its underlying findings regarding interrogation are scrutinized for substantial evidence or clear error. (People v. Clark, supra, 5 Cal.4th at p. 985.)
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