Kevin Jones, Jr. v. K. Harrington

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN JONES, JR., No. 13-56360 Petitioner-Appellant, D.C. No. v. 2:10-cv-05071-GW-PLA

K. HARRINGTON,

Respondent-Appellee. OPINION

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Argued and Submitted August 31, 2015 Pasadena, California

Filed July 22, 2016

Before: Alex Kozinski, Diarmuid F. O’Scannlain, and Jay S. Bybee, Circuit Judges.

Opinion by Judge Bybee; Dissent by Judge O’Scannlain SUMMARY*

Habeas Corpus

The panel reversed the district court’s judgment denying California state prisoner Kevin Jones’s habeas corpus petition challenging his murder conviction, and remanded with instructions to grant the writ, in a case in which Jones, after hours of police questioning with little progress, told the officers “I don’t want to talk no more.”

The panel held that any reasonable jurist would have to conclude that when Jones said he did not want to talk “no more,” he meant it, and that by continuing to interrogate Jones after his invocation of his right to…