What is the effect of a retrial of an allegation of mental health addiction in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Engols, 275 Cal.App.2d 307, 79 Cal.Rptr. 608 (Cal. App. 1969):

While counsel urges several matters connected with the original hearing, we deem only one of them important enough to call for comment in this opinion, since the other matters, if error, were adequately cured by the fact that the issue of addiction was retried before the jury. Defendant objects that statements made by him to the examining physicians were admitted against him in violation of Miranda. That point has recently been considered by us and decided adversely to the contention here made. (People v. Garcia (1969) 268 Cal.App.2d ---, 74 Cal.Rptr. 103.) a

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