People v. Bernasco

How courts have described this case

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

• holding that the waiver of a seventeen-year-old who had a fourth-grade comprehension level was invalid
• noting that to be a valid waiver of constitutional rights, the accused must possess “ 1 “a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.” ’ [Citation.]”
• \Whether defendant knowingly and intelligently waived his Miranda rights and gave his confession remains the key factual question here.\ (Emphasis added)
• Miranda waiver must be knowing and intelligent as well as constitutionally voluntary in order to be admissible
• “Whether defendant knowingly and intelligently waived his Miranda rights and gave his confession remains the key factual question here.” (Emphasis added)
• a distinction exists between voluntariness of a confession and a knowing and intelligent waiver of Miranda rights

Source: CourtListener parenthetical corpus (CC0).