# People v. Davis

> California Supreme Court · August 31, 1981 · 29 Cal. 3d 814

URL: https://www.frixlaw.com/law-library/cases/9601868

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. MICHAEL DARRELL DAVIS, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 31, 1981
- **Citations:** 29 Cal. 3d 814; 176 Cal. Rptr. 521; 633 P.2d 186; 1981 Cal. LEXIS 173
- **Precedential status:** Published
- **Opinion:** Concurring in part by Bird
- **Judges:** Mosk, Richardson, Bird
- **Cited by:** 161 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9601868

## Opinion text

BIRD, C. J., Concurring and Dissenting.
I agree with my colleague, Justice Mosk, that a minor cannot be legally sentenced to life imprisonment without the possibility of parole. However, I cannot agree with his interpretation of the requirements of People v. Pettingill (1978) 21 Cal.3d 231 [ 145 Cal.Rptr. 861 , 578 P.2d 108 ] and Dunaway v. New York (1979) 442 U.S. 200 [ 60 L.Ed.2d 824 , 99 S.Ct. 2248 ] as they apply to this case. Pettingill requires that “‘custodial interrogation wholly cease when the suspect indicates in any manner that he wishes to exercise his Fifth Amendment privilege.’” (Pettingill, supra, at p. 239 ,
*836 quoting People v. Ireland (1969) 70 Cal.2d 522, 535 [ 75 Cal.Rptr. 188 , 450 P.2d 580 , 40 A.L.R.3d 1323 ]. (Italics added.) It is, indeed, sad to see the author of the fine opinion in Pettingill begin a full-scale retreat from the principles enunciated in that case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9601868. Public record. Not legal advice.