Skip to main content
· 10/25/1999

Bobby Henry v. Peggy Kernan, Warden Daniel E. Lungren, Attorney General

Citations

  • 197 F.3d 1021
  • 99 Daily Journal DAR 10907
  • 52 Fed. R. Serv. 857
  • 99 Cal. Daily Op. Serv. 8528
  • 1999 U.S. App. LEXIS 26776
  • 1999 WL 965640

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding error prejudicial because State’s use of erroneously admitted testimony went to “the root of their burden to prove ... intent”
  • noting that after determining that the statements are involuntary, the court must consider whether the error of admitting the statements for impeachment purposes had a substantial and injurious effect on the verdict
  • noting that after determining that the statements are involuntary, the court must consider whether the error of admitting the statements for impeachment purposes had a substantial and injurious effect on the verdict
  • noting that the “State’s use of the chal- lenged statements [obtained in violation of Miranda] went to the root of their burden to prove beyond a reasonable 8 (...continued) able.”
  • “'Post-Miranda confessions which are found to be involuntary may not be admitted for any purposes, including impeachment.”
  • confession was coerced where interrogating officers falsely told accused that what he said could not be used against him

Source: CourtListener parenthetical corpus (CC0).

Judges: Sneed, Tashima, Silverman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.