Reeve

Reeve v. Campbell

Good Law
357 F. App'x 20
United States Court of Appeals for the Ninth CircuitNovember 13, 200906-56232California347 words

Opinion

Opinion

MEMORANDUM

California state prisoner Ronald Eugene Reeve appeals the district court’s order denying his claim for habeas relief. 28 U.S.C. § 2254 .

We review the district court’s denial of Reeve’s petition for a writ of habeas corpus de novo, and the district court’s factual findings for clear error. Correll v. Ryan, 539 F.3d 938 (9th Cir.2008). We affirm.

The California state court’s finding that Reeve’s confession was voluntary was not unreasonable, despite the fact that he was prohibited from contacting anyone outside the jail in Utah for twenty-two hours before his interrogation while the Utah police and he waited for the police from California to arrive. While “lengthy ... incommunicado incarceration before a statement is made” is evidence that a statement is involuntary, Miranda v. Arizona, 384 U.S. 436, 476 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), a twenty-two hour incommunicado detention without more is not enough.

Reeve was told that his incommunicado incarceration would last only until the detectives from California arrived. While he waited, he did not ask for a lawyer, he was not interrogated, nor was he threatened or intimidated by anyone. When the California…

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