Involuntary Statement

CLAIM IX
Appellate attorney was ineffective for failing to argue that the petitioner’s statement became involuntary once the police made him a promise. Police made promises to the petitioner that they were going to get his stuff back and that attempted robberies were not a big deal. The video interview should have been suppressed
TR -(T-180)(456-711)
Detective: You’ve been cooperative with me. I can give you that. I will get your shit back. All right?


Petitioner: All right.
If a statement is obtained “by any sort of threats . . . [or] obtained by any direct or implied promises, however slight,” the statement is involuntary. (People v. Neal (2003) 31Cal.4th 63, 79.)


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