Timothy H. Johnson v. Harol Whitley, Warden, Nevada State Prison Attorney General for the State of Nevada

959 F.2d 240 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timothy H. JOHNSON, Petitioner-Appellant, v. Harol WHITLEY, Warden, Nevada State Prison; Attorney General for the State of Nevada, Respondents-Appellees. No. 89-16009. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1990. Submission Vacated May 28, 1991. Resubmitted March 16, 1992. Decided April 2, 1992. Before ALARCON, BRUNETTI and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Johnson raises one issue on appeal from the district court's denial of his petition for a writ of habeas corpus: Did Detective Eubanks' statement to Johnson constitute "interrogation" under Rhode Island v. Innis, 446 U.S. 291 (1980), and Miranda v. Arizona, 384 U.S. 436 (1966)? Facts 3 The facts are undisputed. Johnson was arrested and given his Miranda warnings. Johnson requested counsel. Detective Eubanks stated: "That's okay, no problem, we were mainly going to ask why because we already know who anyway." After…