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People v. Braeseke

618 P.2d 149, 28 Cal. 3d 86, 168 Cal. Rptr. 603, 1980 Cal. LEXIS 209
CourtCalifornia Supreme Court
DecidedAugust 28, 1980
DocketCrim. 21049
StatusPublished
Cited by33 cases

This text of 618 P.2d 149 (People v. Braeseke) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Braeseke, 618 P.2d 149, 28 Cal. 3d 86, 168 Cal. Rptr. 603, 1980 Cal. LEXIS 209 (Cal. 1980).

Opinion

Opinion

THE COURT.

The Supreme Court of the United States on May 12, 1980, issued its order and judgment that “the judgment of the Supreme Court of California in this cause is vacated, and that this cause is remanded to the Supreme Court of California to consider whether its judgment is based on federal or state constitutional grounds, or both.” 446 U.S. 932 [64 L.Ed.2d 784, 100 S.Ct. 2147].

*87 Pursuant to this mandate we have reexamined our opinion in this case (reported at 25 Cal.3d 691 [159 Cal.Rptr. 684, 602 P.2d 384]) and certify our judgment is based upon Miranda v. Arizona (1965) 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974] and the Fifth Amendment to the United States Constitution. Inasmuch as we deem it unnecessary to alter our prior opinion, we reiterate it in its entirety.

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Bluebook (online)
618 P.2d 149, 28 Cal. 3d 86, 168 Cal. Rptr. 603, 1980 Cal. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-braeseke-cal-1980.