451 U.S. 1301 (1981)

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U.S. Supreme Court

CALIFORNIA v. PRYSOCK , 451 U.S. 1301 (1981)

451 U.S. 1301

State of CALIFORNIA, Applicant,
Randall James PRYSOCK.
No. A-834.

April 24, 1981.

Justice REHNQUIST, Circuit Justice.

Applicant, the State of California (hereafter State), seeks a stay of the judgment of the California Court of Appeal (Fifth Appellate District) in this case after the Supreme Court of California denied the State's petition for hearing on March 17, 1981, with Justices Mosk and Richardson expressing the view that the petition should be granted. Because it appeared to be common ground between the Court of Appeal which ruled against the State, the State, and other courts which have spoken to the question of the applicability of Miranda v. Arizona, 384 U.S. 436 (1966), that its precision was one of its great virtues, I entered a temporary stay of the order of the Court of Appeal in view of the strict California speedy-trial requirements in order that I might consider in more detail the application, the response, and the decided cases on the issue.

Page 451 U.S. 1301 , 1302

The facts may be briefly stated. The victim was brutally murdered on January 30, 1978. She was struck with a wooden dowel, bludgeoned with a fireplace poker, stabbed with an ice pick, and finally strangled with a telephone cord. On the evening of the murder respondent, a minor, was arrested along with a codefendant. He was brought to a substation of the Tulare County Sheriff's Department and advised of his Miranda rights. He declined to talk and, since he was a minor, his parents were notified. Respondent's parents arrived, and after meeting with them respondent decided to answer police questions. An officer questioned respondent, on tape, with respondent's parents present. Respondent was advised of his constitutional rights. The tape reflects the following warnings regarding the right to counsel:

"Sgt. Byrd: You have the right to talk to a lawyer before you are questioned, have him present with you while you are being questioned, and all during the questioning. Do you understand this?

"Randall P.: Yes.

"Sgt. Byrd: You also, being a juvenile, you have the right to have your parents present, which they are. Do you understand this?

"Randall P.: Yes.

"Sgt. Byrd: Even if they weren't here, you'd have this right. Do you understand this?

"Randall P.: Yes.

"Sgt. Byrd: You all, uh,-if,-you have the right to have a lawyer appointed to represent you at no cost to yourself. Do you understand this?

"Randall P.: Yes.

"Sgt. Byrd: Now, having all these legal rights in mind, do you wish to talk to me at this time?

"Randall P.: Yes."

Respondent thereafter made incriminating statements which were admitted at trial. He was convicted of first-degree [451 U.S. 1301 , 1303]

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