# People v. Storm

> California Supreme Court · August 15, 2002 · 124 Cal. Rptr. 2d 110

URL: https://www.frixlaw.com/law-library/cases/9782270

## Case

- **Full name:** The PEOPLE, Plaintiff and Respondent, v. CHARLES EDWARD STORM, Defendant and Appellant
- **Court:** California Supreme Court
- **Decided:** August 15, 2002
- **Citations:** 124 Cal. Rptr. 2d 110; 28 Cal. 4th 1007; 2002 Daily Journal DAR 9366; 52 P.3d 52; 2002 Cal. Daily Op. Serv. 7474; 2002 Cal. LEXIS 5238
- **Precedential status:** Published
- **Opinion:** Concurring in part by Kennard
- **Judges:** Baxter, Kennard, George, Chin
- **Cited by:** 64 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/9782270

## How later opinions describe it (automated extraction)

- finding two-day break sufficient

## Opinion text

KENNARD, J., Concurring and Dissenting.
I concur in the majority’s holding that defendant’s second confession was not obtained in violation of Edwards v. Arizona (1981) 451 U.S. 477, 484-485 [ 101 S.Ct. 1880, 1885 , 68 L.Ed.2d 378 ] (Edwards), which requires that once a suspect in custody invokes the right to counsel, the police must cease all interrogation unless the suspect initiates further conversation.
Unlike the majority, however, I would not address defendant’s additional claim that even if his second confession was not obtained in violation of Edwards , that confession was involuntary because it was the tainted product of his earlier, custodial confession. Because, as the majority concedes, defendant did not raise this claim below (maj. opn., ante, at p. 1028, fn. 10), he has not preserved it for our review. (People v. Michaels (2002) 28 Cal.4th 486, 511-512 [ 122 Cal.Rptr.2d 285 , 49 P.3d 1032 ]; People v. Ray (1996) 13 Cal.4th 313, 339 [ 52 Cal.Rptr.2d 296 , 914 P.2d 846 ].) Therefore, I see no need here to apply the voluntariness analysis this court articulated in People v. Bradford (1997) 14 Cal.4th 1005 [ 60 Cal.Rptr.2d 225 , 929 P.2d 544 ].
I would apply the voluntariness analysis of People v. Bradford, supra, 14 Cal.4th at pages 1039-1040, only if a defendant claims that a prerelease custodial confession taken in violation of Edwards, supra, 451 U.S. at pages 484-485 [1015 S.Ct. at page 1885], was actually, rather than presumptively, coerced. Only then would it be necessary to apply Bradford to determine whether the defendant’s postrelease confession is the illegal fruit of the earlier coerced confession. Here, defendant has failed to preserve a claim of actual coercion, thus obviating any need for the majority’s discussion of whether his first confession was voluntary.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9782270. Public record. Not legal advice.