Saul Diaz v. Greg Lewis

MEMORANDUM

Saul Diaz appeals the district court’s denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because the California Court of Appeal’s decision that Diaz’s statements to the police officers were voluntary was neither contrary to, nor an unreasonable application of, clearly established Supreme Court precedent and was not an unreasonable determination of the facts, we affirm. 28 U.S.C. § 2254 (d); Harrington v. Richter, 562 U.S. 86 , 131 S.Ct. 770, 785-86 , 178 L.Ed.2d 624 (2011).

In determining whether a confession is voluntary, the critical inquiry is “ ‘whether [the] defendant’s will was overborne by the circumstances surrounding the giving of [the] confession,’ an inquiry that ‘takes into consideration the totality of all the surrounding circumstances — both the characteristics of the accused and the details of the interrogation.’ ” United States v. Preston, 751 F.3d 1008, 1016 (9th Cir.2014) (en banc) (alterations in original) (quoting Dickerson v. United States, 530 U.S. 428, 434 , 120 S.Ct. 2326 , 147 L.Ed.2d 405 (2000)). “Each of these factors, in company with all of the surrounding circumstances — the duration and…