Edward Malcolm Molsone v. Bill J. Bunnell, Warden

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward Malcolm MOLSONE, Petitioner-Appellant, v. Bill J. BUNNELL, Warden, Respondent-Appellee. No. 91-15528. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1992. * Decided July 9, 1992. Before BOOCHEVER, REINHARDT and KOZINSKI, Circuit Judges. 1 MEMORANDUM ** 2 Edward Molsone was convicted in California Superior Court of first degree murder and sentenced to life imprisonment without possibility of parole. The primary evidence against him is a confession that Molsone claimed was involuntarily given. Specifically, Molsone's claim was based on the following allegation: he was confined for over 9 hours in a locked, windowless room without food or sleep, following which the interrogating officers implicitly threatened that if he did not confess, he would be given the death penalty. Molone's claim is supported by the tape recording of his confession, in which he repeatedly refers to the possibility…