California, United States of America
The following excerpt is from People v. Butler, H044344 (Cal. App. 2018):
In advance of trial, defense counsel moved in limine for an Evidence Code section 402 hearing regarding any of defendant's statements that the prosecution planned to admit at trial. The defense took the position that any in-custody statements were involuntary and were obtained in violation of Miranda v. Arizona (1963) 384 U.S. 436. At a hearing on the motion, the prosecutor represented that he did not intend to introduce the statement defendant made to police in his case-in-chief. The trial court then ordered the parties not to refer to defendant's in-custody statement.
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