“the controlling constitutional rule in Seibert is that set forth in Associate Justice Anthony M. Kennedy’s concurring opinion”
How later courts described this case
- “the controlling constitutional rule in Seibert is that set forth in Associate Justice Anthony M. Kennedy’s concurring opinion”
Written by the judges who cited it.
The opinion
MOSK, J.,
Concurring. I concur that under the circumstances of this case there was sufficient evidence to justify the conclusion that defendant voluntarily waived his rights before making statements. Therefore his admissions were admissible.
Appellant’s petition for review by the Supreme Court was denied February 24, 2010, S179080. Baxter, J., did not participate therein.