United States Ninth Circuit

On remand from the US Supreme Court, the district court's denial of defendant's habeas petition challenging his conviction of murder, robbery, and burglary, is reversed and remanded with instructions to retry defendant within a reasonable time or release him, where: 1) the Davis v. United States requirement of an unambiguous invocation of a right of counsel applies to pre-Miranda statements, whereas this case involved a custodial interrogation; and 2) under the circumstances, a reasonable law enforcement officer would have understood defendant's statements as an unambiguous request for counsel, which should have cut off any further questioning.

Appellate Information

• Decided 09/22/2014
• Published 09/22/2014

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel