Buckley

Buckley v. Terhune

Good Law

266 F. Supp. 2d 1124·2002 WL 32114478·2002 U.S. Dist. LEXIS 27532

United States District Court, Central District of CaliforniaDecember 6, 2002CV 00-2435-JSL(AJW)California9,242 words

Opinion

Letts, J.

ORDER ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636 (b)(1)(C), the Court has reviewed the entire record in this action, the attached Report and Recommendation of Magistrate Judge (“Report”), and the objections thereto. Good cause appearing, the Court concurs with and adopts the findings of fact, conclusions of law, and recommendations contained in the Report after having made a de novo determination of the portions to which objections were directed.

IT IS SO ORDERED.

REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE

WISTRICH, United States Magistrate Judge.

Facts

Thomas Urell was murdered on July 16, 1986. Shortly after the murder, petitioner was arrested based on some traffic tickets and was interviewed by the police about the murder. At the direction of Deputy District Attorney Donald Glynn, petitioner was questioned “outside of Miranda,” and was promised that his statements would not be used against him. [Transcript of Evidentiary Hearing held on July 31, 2002 (“EHT”) 9-10, 46-47; Evidentiary Hearing Exhibit (“EH Ex.”) D at 55-58]. Relying on those assurances, petitioner provided the police with a detailed statement about the murder,…

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Parties

Brian A. BUCKLEY
Plaintiff
C.A. TERHUNE, Director of the California Department of Corrections
Defendant

Judges

Letts

Cites (61)

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