PEOPLE v. MARKHAM

Docket No. S009472. Crim. No. 25539.

49 Cal.3d 63 (1989)

775 P.2d 1042

260 Cal. Rptr. 273

THE PEOPLE, Plaintiff and Respondent, v. JEROME JOSEPH MARKHAM, Defendant and Appellant.

Supreme Court of California.

July 24, 1989.


Attorney(s) appearing for the Case

COUNSEL

Kenneth J. Sargoy, under appointment by the Supreme Court, for Defendant and Appellant.

George L. Schraer as Amicus Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Andrew D. Amerson, Sharlene A. Honnaka, William T. Harter, Marc E. Turchin and Donald E. De Nicola, Deputy Attorneys General, for Plaintiff and Respondent.

Christopher N. Heard, Kent S. Scheidegger, Charles L. Hobson, John J. Meehan, District Attorney (Alameda), Thomas J. Orloff and William M. Baldwin, Assistant District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

EAGLESON, J.

In People v. Jimenez (1978) 21 Cal.3d 595, 605 [147 Cal.Rptr. 172, 580 P.2d 672], this court first adopted "as a judicially declared rule of criminal procedure" the requirement that at trial the People prove the voluntariness of a defendant's confession beyond a reasonable doubt. The...

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