United States Ninth Circuit

On remand from the U.S. Supreme Court, the district court's denial of habeas petition is reversed where: 1) the California Court of Appeals' conclusion that petitioner did not make an unequivocal or unambiguous request for an attorney, as required under Davis v. US, 512 U.S. 452 (1994), was an unreasonable application of Supreme Court precedent; and 2) in light of Salinas v. Texas, 133 S. Ct. 2174 (2013), which applies to pre-Miranda statements, a reasonable law enforcement officer interrogating petitioner would have understood petitioner's statements as an unambiguous request for counsel.

Appellate Information

• Decided 01/23/2015
• Published 01/23/2015

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel