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Criminal Procedure Keyed to Dressler
Lisenba v. California
Citation:
314 U.S. 219, 62 S.Ct. 280, 86 L.Ed. 166.Facts
The defendant’s wife was murdered. The State’s theory was that the defendant and his accomplice killed her in order to collect from her life insurance polices.
The defendant was illegally detained by the police from April 19th-21st for questioning. He claimed that he was beaten by police and deprived of food and sleep. The defendant testified that his body was made black and blue and that the beating impaired his hearing. In corroboration of the defendant’s testimony, two witnesses said they noticed that one or both of his ears were bruised and swollen when he was lodged in the jail. All of this testimony is contradicted by numerous witnesses for the State, though it was admitted that the defendant was repeatedly and persistently questioned at intervals during the period from Sunday night until Tuesday morning and that he was slapped once. On May 1st, his accomplice was arrested and confessed. On May 2nd, the defendant was again interrogated and eventually confessed. He was not provided with counsel.
The defendant argued that the confessions should not be admitted, as they were not voluntary and they violated his due process rights. The trial court admitted the confessions and the jury found him guilty. He was sentenced to death.
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