California Supreme Court
In Re Joseph H.
October 16, 2015200 Cal. Rptr. 3d 1
Summary
Justice Liu's dissenting statement argues that the California Supreme Court should review whether a 10-year-old can meaningfully and validly waive Miranda rights after a custodial interrogation. The statement emphasizes Joseph's age, limited cognitive abilities, the circumstances of the warnings, and the absence of meaningful assistance from his stepmother. Justice Liu would have granted review to consider age-based safeguards, the role of an adult or counsel, and the application of the totality-of-the-circumstances test. Justice Cuéllar concurred in the dissenting statement.