Conviction of defendant for carjacking and use of a firearm is affirmed as the controlling constitutional rule in Seibert is that set forth in Associate Justice M. Kennedy's concurring opinion as it does not abrogate the implied waiver rule first articulated by the Supreme Court in Butler, and thus the implied waiver rule, which applies to this case, is not rescinded by Seibert. As a result, substantial evidence supports the trial court's finding that defendant's admissions were admissible.
Filed November 19, 2009
Opinion by Judge Turner
For Appellant: Jeffrey Lewis,
For Appellee: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle and David A. Wildman, Deputy Attorneys General