The appeal of appellant Peter Prescott is pending before the California Court of Appeal, Seventh Appellate District. 

 

The case presents the following issues:

​

(1) If a defendant has invoked his right to remain silent while being interrogated by a law enforcement officer, are incriminating statements obtained through a subsequent Perkins operation (i.e., the use of an undercover agent to question a jailed defendant) admissible as substantive proof of the defendant’s guilt at trial? (See Illinois v. Perkins (1990) 496 U.S. 292; Miranda v. Arizona (1966) 384 U.S. 436.)  

 

(2) What effect, if any, does the fact that the interrogating officer continued questioning Prescott after Prescott invoked his Fifth Amendment right to silence have upon the admissibility of the statements subsequently obtained during the Perkins operation? The second issue includes the questions of whether the Perkins operation was inadmissible as the fruit of a prior, coerced statement to police, and whether the asserted error violated due process.

 

These issues are deemed preserved for appellate review. 

 

Competitors are prohibited from reviewing any decisions, briefs or records in People v. Allen, S286520/B328333.