United States Ninth Circuit

The district court's conditional grant of a habeas corpus petition challenging petitioner's first-degree murder convictions is: 1) affirmed in part, where petitioner's rights under Miranda v. Arizona were violated and it was not harmless error to admit trial testimony induced by the erroneous admission of a confession into evidence; and 2) vacated in part and remanded as to the conclusion that, based on the remaining evidence, second-degree murder convictions are an appropriate remedy.

Appellate Information

• Decided 10/29/2013
• Published 10/29/2013

Judges

• BENCIVENGO

Court

• United States Ninth Circuit

Counsel