P. v. Davis

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Filed 8/26/09 IN THE SUPREME COURT OF CALIFORNIA THE PEOPLE, ) ) Plaintiff and Respondent, ) ) v. ) ) RICHARD ALLEN DAVIS, ) ) Defendant and Appellant. ) ____________________________________) S056425 Santa Clara County Super. Ct. No. 186000 BY THE COURT: MODIFICATION OF OPINION The opinion herein, filed on June 1, 2009, and appearing at 46 Cal.4th 539, is modified as follows: Immediately after the sentence on the bottom of page 595 that states, Under these extraordinary circumstances, Sergeant Meese s inquiry did not violate the high court s decisions in Miranda, supra, 384 U.S. 436, and Edwards, supra, 451 U.S. 477, the following sentence is added: And, contrary to defendant s contention in his petition for rehearing, nothing in the United States Supreme Court s recent decision in Montejo v. Louisiana (2009) 544 U.S. ___ [129 S. Ct. 2079] compels a different conclusion. This modification does not affect the judgment. 1

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