What is the test for making a motion to suppress an involuntary confession?

California, United States of America


The following excerpt is from People v. Hernandez, C067260 (Cal. App. 2018):

Defendant contends his confession to police was involuntary, but he acknowledges that he cannot raise this issue directly on appeal because his trial attorney did not move to suppress his confession. Accordingly, he contends his trial attorney was constitutionally ineffective for not making such a motion. To prevail on this argument, defendant must show that the motion to suppress he contends his trial attorney should have made would have had merit. (See People v. Wharton (1991) 53 Cal.3d 522, 576.) Defendant has not made this showing.

Other Questions


In reviewing a finding on a suppression motion, what are the implications of the trial court's ruling on the suppression motion? (California, United States of America)
On appeal from a denial of a motion to suppress, what is the standard on appeal from the denial of the suppress motion? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
When reviewing a motion to suppress, what is the test for determining whether a motion can be suppressed? (California, United States of America)
On appeal from a ruling on a suppression motion, what is the effect of the finding on the suppression motion? (California, United States of America)
Can a defendant make a suppression motion at a preliminary hearing without providing written or oral notice of motion? (California, United States of America)
What factors will the court consider in denying a motion to suppress an involuntary confession? (California, United States of America)
What is the consequence of defendant's failure to make a timely and specific objection on an objection to a motion of motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.