P. v. Gomez CA5
Defendant Adalberto Macias Gomez was convicted of multiple counts of child molestation against A.C. and given both an indeterminate and a lengthy determinate prison sentence. On appeal, he contends his confession to investigators was improperly admitted into evidence in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda) because although he was told of his rights to remain silent and to counsel, he was not expressly advised of his right to have counsel present before and during interrogation. Defendant further argues his confession was involuntary because the detectives who questioned him overcame his will in their interrogation methods. Defendant contends the trial court improperly excluded his cross-examination of the victim’s mother, Claudia L., about the property she was acquiring from him as a result of his arrest. Defendant argues this line of questioning was necessary to establish Claudia’s improper motive in testifying against him.
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