United States Ninth Circuit
Hurd v. Terhune, 08-55162
In a first-degree murder prosecution, the denial of petitioner's habeas petition is reversed where the state trial court improperly admitted as evidence petitioner's refusal to reenact the alleged shooting in violation of his Fifth Amendment rights as determined by the Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966), and Doyle v. Ohio, 426 U.S. 610 (1976).
Appellate Information
- Decided 08/23/2010
- Published 08/23/2010
Judges
- Robert R. Beezer
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Philip M. Brooks, Blythe J. Leszkay