Moore

Volume 1 of

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RANDY JOSEPH MOORE, 

Petitioner-Appellant, No. 04-15713 v.  D.C. No.

CV-01-01795-ST

STAN CZERNIAK, Superintendent of

OSP, OPINION

Respondent-Appellee.  Appeal from the United States District Court for the District of Oregon Anna J. Brown, District Judge, Presiding

Argued and Submitted March 10, 2005—Portland, Oregon

Filed July 28, 2008

Before: Stephen Reinhardt, Marsha S. Berzon, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Reinhardt; Concurrence by Judge Berzon; Dissent by Judge Bybee COUNSEL

Barbara L. Creel, Office of the Federal Public Defender, Port- land, Oregon, for the petitioner-appellant.

Hardy Myers, Attorney General for the State of Oregon, Mary H. Williams, Solicitor General (On the Briefs); Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals Unit, Salem, Oregon (Argued), for the Respondent- Appellee.

OPINION

REINHARDT, Circuit Judge:

Randy Moore’s taped confession was obtained by the police at the station house by means that even the state…