Scott

Scott v. Hornbeak

Good Law
447 F. App'x 784
United States Court of Appeals for the Ninth CircuitAugust 16, 201107-55315California1,194 words

Opinion

Opinion

MEMORANDUM

Rakeisha Lanette Scott was convicted in California state court for second degree murder, CaLPenal Code §§ 187, 189, assault on a child causing death, CaLPenal Code § 273ab, and felony child endangerment, CaLPenal Code § 273a(a). Scott appeals the district court’s denial of her petition for a writ of habeas corpus pursuant to 18 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The California Court of Appeal, which provided the last-reasoned state court decision, determined that Scott’s statement to police at questioning — “I should talk to an attorney” — was not an unequivocal request for an attorney, such that admission of her subsequent statements to police violated her Fifth Amendment rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966) and Edwards v. Arizona, 451 U.S. 477, 484-85 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981). This determination was neither “contrary to,” nor an “unreasonable application of, clearly established federal law.” 28 U.S.C. § 2254 (d); see Davis v. United States, 512 U.S. 452, 459 , 114 S.Ct. 2350 , 129 L.Ed.2d 362 (1994) (holding that petitioner’s statement “Maybe I should talk to…

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