Is counsel incompetent in denying a defendant's motion to exclude his statements to the police in violation of Miranda v. Miranda?

California, United States of America


The following excerpt is from People v. Lucas, 12 Cal.4th 415, 48 Cal.Rptr.2d 525, 907 P.2d 373 (Cal. 1995):

Defendant claims counsel performed incompetently because, although they moved to exclude his statements to the police on the ground those statements were taken in violation of Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (Miranda ), they improperly waived the additional claim that the statements were involuntary or unreliable. Defendant also argues counsel erred in calling him to the stand to testify at trial, observing that because the incriminating statements had not been offered in the prosecutor's case-in-chief, defendant's trial testimony subjected him to impeachment with the pretrial statements.

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