Charles Spence v. Alexander Hickman

MEMORANDUM

Charles Frank Spence, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of murder and robbery with a special circumstances finding. Because the facts are known to the parties, we repeat them only as necessary to explain our decision. We affirm.

Spence argues that he was denied due process and the right against self-incrimination because he “was induced into making an incriminating statement by the false and misleading assertion of an arresting detective that he did not need an attorney to assist during the investigation.” The California Court of Appeal concluded that there was no uncontroverted evidence showing that such a statement was made in Spence’s presence, and Spence is unable to show that this conclusion “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(2). Even if the state court’s determination were incorrect, there is still no ground for affording Spence habeas relief because no clearly established Supreme Court precedent deems testimony involuntary where, before issuing…