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Titles of Interest

BURNETT v. ZIMMERMAN

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BACKGROUND

The parties to this litigation are homeowners who live in a common interest development (development) that is governed by the Woodlyn Lane Improvement Association (WLIA, HOA, or Association) in the City of Bradbury (city). The development has been described as an affluent gated community of about 37 single family residences on parcels of at least two acres.

The parties live on a private road (Woodlyn Lane or road) that is controlled and maintained by the Association. In 1964, gates were installed at both ends of Woodlyn Lane where the private road merges with the public streets. After the gates were installed, only the west gate was used for general access purposes.

In 2007, the Association2 considered replacing the east gate with a motorized gate that residents could open by remote control (proposal or project). However, a dispute arose between those residents who want to use the east gate for general access and those who do not...

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Distinguishing Between True and False Confessions

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The impact of a confession on a jury in a capital case is so powerful that a defense attorney who does not attempt to suppress it risks charges of providing inadequate counsel. While there are legal safeguards afforded a defendant at trial to refute the voluntariness or trustworthiness of a professed confession, a false confession should be recognized long before it is entered into evidence against an innocent defendant. Ultimately there responsibility of determining whether a confession is true or false falls upon the investigator who obtained it.A widely known critic of police interrogation addressed an audience and stated that in his years of reviewing confessions he has seen both non-coerced reliable confessions and confessions from innocent people who were convinced by the police that they were guilty. He went on to state that if he distributed ten of those confessions to everyone in the audience and had them place the confessions into two piles, five of which were true confessions and five of which were false...

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