California, United States of America
The following excerpt is from People v. Hubble, 2d Crim. No. B294245 (Cal. App. 2020):
Hubble relies on People v. Abbott (1956) 47 Cal.2d 362 and People v. Simmons (1946) 28 Cal.2d 699. But those admissions involved cases where defendants said they were refusing to talk on advice of counsel or attempting to exercise their privilege against self-incrimination. Those factors are not present here as
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Hubble made the adoptive admissions before he requested counsel and after being advised of his Miranda rights.
Hubble cites People v. Bracamonte (1961) 197 Cal.App.2d 385. But there the court held that a defendant's drug-induced or intoxicated state would explain his silence "and negate any expectation of denial." (Id. at p. 390.) Here there is no showing that Hubble was intoxicated or under the influence of any drug. The trial court did not err by admitting this evidence.
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