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People v. Rios, No. B208573

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By FindLaw Staff on November 20, 2009 12:01 PM

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first articulated by the Supreme Court in Butler, and thus the implied waiver rule, which applies to this case, is not rescinded by Seibert.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. 

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Appellate Information

Filed November 19, 2009

Judges

Opinion by Judge Turner

Counsel
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

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