Mark Bates v. Ken Clark

MEMORANDUM

Petitioner Mark Anthony Bates appeals the denial of his habeas corpus petition. He argues that the California Court of Appeal unreasonably refused to suppress his confession and that admission of the confession was not harmless. We affirm.

After Bates was taken into police custody, detectives informed him of his Miranda rights and asked him if he understood them. Bates said he did. Detectives then questioned Bates about his role in the death of Jose Sanchez. After the detectives began speculating that Bates and Sanchez had engaged in a fight that got out of control, Bates replied, “I’m not saying anything right now.” Rather than ceasing questioning or seeking clarification as to the meaning of “right now,” the detectives persisted in questioning Bates, who thereafter confessed to killing Sanchez and told the detectives how he did it. The California Superior Court admitted the confession over Bates’s objection. The jury convicted him of second-degree murder. . The California Court of Appeal affirmed the admission of Bates’s confession, concluding that Bates had not unambiguously invoked his right to remain silent. After exhausting his state remedies, Bates filed a…