Is erroneous admission of a defendant's statements obtained in violation of the Fifth Amendment reviewed for prejudice?
California, United States of America
The following excerpt is from People v. Virto, B243201 (Cal. App. 2015):
As Elizalde instructs, "[t]he erroneous admission of a defendant's statements obtained in violation of the Fifth Amendment is reviewed for prejudice under the beyond a reasonable doubt standard of Chapman v. California (1967) 386 U.S. 18 [(Chapman)]. [Citations.] That test requires the People here 'to prove beyond a reasonable doubt that
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