United States Ninth Circuit

District court's denial of defendant's request for habeas relief from his conviction for multiple crimes, including murder and robbery with special circumstances, is reversed and remanded, as because defendant invoked his right to counsel, and any reasonable police officer would understand that defendant expressed his desire to have a lawyer present at his interrogation, the California Court of Appeal unreasonably applied clearly established Supreme Court precedent when it concluded that plaintiff was required under Davis v. U.S. to unambiguously invoke his right to counsel.

Appellate Information

• Decided 08/16/2012
• Published 08/16/2012

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel