United States Ninth Circuit

Conviction for forcible rape of a minor and multiple counts of lewd and lascivious acts on a minor is vacated and the petition for habeas corpus granted where Petitioner's "no" response to being asked whether he wished to speak with police after being read his Miranda rights was a clear invocation of his rights, and the California Court of Appeal's holding otherwise was contrary to and an unreasonable application of clearly established Supreme Court law under 28 U.S.C. section 2254(d)(1), (2).

Appellate Information

• Published 2015/12/21

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel