Governor Jerry Brown on Wednesday signed Senate Bill 395, which will generally require that minors under 16 consult with an attorney before a custodial interrogation. The legislation was inspired, at least in part, by Justice Goodwin Liu’s dissenting statement (concurred in by Justice Mariano-Florentino Cuéllar) from the 2015 denial of review in In re Joseph H., the high-profile case of a 10-year-old who shot and killed his neo-Nazi father and who was found by the Court of Appeal to have knowingly waived his Miranda rights. (See also here and here.)
At the Lectern
Governor signs Liu-inspired juvenile Miranda bill
October 13, 2017
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