United States Ninth Circuit

The district court properly denied a habeas corpus petition alleging a violation of Miranda v. Arizona, 384 U.S. 436 (1966), based on a mid-trial conversation between petitioner and a court bailiff, where: 1) the state court's decisions that the conversation was not an interrogation and to allow the court bailiff to testify about the inculpatory statements made by defendant, did not involve an unreasonable application of Miranda or its Supreme Court progeny; and 2) despite the Warden's failure to brief the issue, the deferential standard of review under the Anti-Terrorism and Effective Death Penalty Act cannot be waived.

Appellate Information

• Decided 04/24/2014
• Published 04/24/2014

Judges

• BEA

Court

• United States Ninth Circuit

Counsel