Retardation and Miranda

By Kulmeet Galhotra | Published: May 28, 2009
Despite conflicting expert opinions on the issue of defendant’s ability to understand and waive her Miranda rights that the trial court resolved in favor of the State, our Appellate Court supresses defendant’s videotape statement and remands for a new trial in a tour de force opinion authored by Justice Gordon in People v Jeanette Daniels. (No. 1-06-3514  5/15/09)  The Appellate Court’s decision notes that despite the “ruminations”  and “interspersed comments” of the learned trial judge and although “a trier of fact is free to accept the opinion of one expert witness over another…the relative weight to be given an expert’s witness’ opinion is measured by the reasons given for the conclusion and the factual details supporting it”. Here the details developed in the record by trial attorney and Local 3315 President K.S. (Bob) Galhotra convinced the Appellate Court to suppress defendant’s videotaped statement and remand for a new trial.
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  • Bruce Mosbacher, Executive at Large

    My man K.S.! Great job setting up the issue from the fitness hearing through the trial leading to a very unusual decison where the Appellate Court reweighs the facts.

    Bruce

  • Dan Walsh

    Reading cases like this restores my faith in the appellate process. Bob, great job laying the groundwork for a successful appeal.

  • K. S. Galhotra

    Aliza Kaliski from OSAD and the facts developed during the hearings convinced the appellate court, not I.