Tuesday, February 10, 2026

People v. Zapata (Cal. Ct. App. - Feb. 10, 2026)

I'm not sure that the California Supreme Court would agree with today's opinion by the Court of Appeal, which reverses a conviction for failure to suppress a jailhouse confession made to undercover officers posing as inmates after the suspect had invoked his right to counsel and remain silent. Maybe it would, maybe it wouldn't. TBD.

But I fairly strongly believe that the United States Supreme Court would disagree. And might well, notwithstanding the ordinarily low chance of a grant of certiorari.

TBD as well.