Lisenba v. California

Mary Busch’s body was discovered lying face down in a backyard pond. California police officers suspected that Busch’s husband, Major Lisenba (defendant), who went by Robert James, had married Busch intending to insure her life, kill her in an apparent accident, and then recover the insurance proceeds. Four months into the marriage, James allegedly procured rattlesnakes from coconspirator Hope and arranged for one to bite Busch. When the bite was not fatal, James allegedly drowned Busch in the bathtub and then, with Hope’s help, staged Busch’s body at the pond. Officers arrested James on an unrelated charge. The officers then took James to the house next door, where he was continuously questioned by rotating officers from Sunday morning through the early hours of Tuesday. James consistently denied involvement in Busch’s death. After the prolonged questioning, James was taken to jail and arraigned on the unrelated charge. James claimed that during his questioning, officers beat him. Witness testimony supported that James was bruised when jailed. The state conceded that one officer slapped James but denied any other abuse. James remained in jail from April 21 to May 2. On May 1, Hope was arrested and gave a statement implicating James. On May 2, officers took James to the district attorney’s office for additional questioning, referencing Hope’s statement. James requested his attorney, who was out of town. His request for an alternate attorney was ignored. James was questioned for more than 12 hours. Eventually, in a supposed exchange for food, James confessed to killing Busch, telling a story in which Hope was the more culpable party. At trial, James claimed that his confession was involuntary due to coercion and was therefore inadmissible. The trial court concluded that although James’s detention and interrogation did not comply with California law, his confession was nevertheless voluntary. The jury was instructed to disregard the confession if involuntary. The jury convicted James of murder. The California Supreme Court affirmed, and the United States Supreme Court granted certiorari to consider whether the admission of James’s confession violated constitutional due process.