Michael Robtoy v. Lawrence Kincheloe

Michael Robtoy appeals the district court’s denial of his petition for a writ of habeas corpus. Robtoy contends that his sentence of life without parole is unconstitutional under United States v. Jackson, 390 U.S. 570 , 88 S.Ct. 1209 , 20 L.Ed.2d 138 (1968), because he could not have received such a sentence had he chosen to plead guilty rather than be tried by a jury. Rob-toy also contends that the Washington Supreme Court’s refusal to allow him to change his plea violated due process and that his confession is inadmissible under Miranda. We reverse the district court on the sentencing issue and affirm on the plea change and confession issues.

FACTS AND PRIOR PROCEEDINGS

In 1979 Robtoy was convicted by a jury of aggravated first degree murder and sentenced to death in Washington’s Kitsap County Superior Court.

The facts leading to the conviction are as follows. Robtoy was arrested in Oregon for escape from a Washington prison and given Miranda warnings. Two days after his arrest, he was questioned in the Umatil-la County jail for approximately three hours by Detective Dean and Officer Rusty Simpson. Robtoy admits that prior to questioning, he was informed of his Miranda rights…