United States Ninth Circuit

Petition for habeas corpus challenging the admission of statements defendant made to police was properly denied, where: 1) fairminded jurists could disagree as to whether defendant was "in custody" when she made the statements in dispute, in light of the facts that she agreed to go to the police station, the physical surroundings and tone of the interrogation, that she took two breaks, and was informed that she was free to leave and not under arrest; and thus 2) the state court did not unreasonably apply clearly established federal law.

Appellate Information

• Decided 02/06/2013
• Published 02/06/2013

Judges

• SACK

Court

• United States Ninth Circuit

Counsel