What is the effect of a police interview with Public Prosecutions Officer (PPSA) on a defendant's right to counsel?

California, United States of America


The following excerpt is from People v. Anderson, B276741 (Cal. App. 2017):

Parshall responded by ceasing the interrogation. Defendant then "initiated" further discussion with Parshall within minutes by asking another officer if he could talk with Parshall again. (People v. Mickey, supra, 54 Cal.3d at pp. 648-649.) In response to defendant's queries, Parshall explained that the district attorney was responsible for the charging decision and that defendant would be assigned a public defender at his arraignment two days hence. Parshall also offered to provide defendant with a phone so he could contact a private attorney, noted that an attorney would probably tell him not to talk, and reiterated a willingness to listen only if defendant "unequivocally and intelligently wanted to talk to me about what happened." Only then did defendant affirmatively state that he would be "happy to" talk to Parshall, a desire he reiterated when Parshall asked him if he was "sure about this." We find no error in the trial court's conclusion that these circumstances were indicative of defendant's understanding and voluntary waiver of his right to counsel.

Other Questions


Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
Is there any case law where the police officer changed the subject of questioning from one offence to another to avoid giving effect to a defendant's right to counsel? (California, United States of America)
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
What is the effect of public interest in a police officer soliciting other police officers to commit armed robberies? (California, United States of America)
Does the admission of a tape recording of a defendant's phone conversation with a police officer and the testimony of Officer Simonds violate his Sixth Amendment rights? (California, United States of America)
What is the effect of defendant's objection to a police officer's testimony that the officer had conducted a live lineup? (California, United States of America)
Does substitute counsel violate a defendant's right to effective assistance of counsel? (California, United States of America)
What is the effect of a police officer's lack of knowledge that a suspect had previously invoked his right to counsel? (California, United States of America)
What is the effect of police questioning a defendant in an interview room without advising him of his Miranda rights? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.