Wayne Desire v. Attorney General of California

Good Law
969 F.2d 802·1992 WL 158219
United States Court of Appeals for the Ninth CircuitSeptember 16, 199291-55334California1,869 words

Opinion

Opinion

Fernandez, J.

Wayne Desire appeals the denial of his petition for habeas corpus relief. Desire was convicted in California of conspiracy (Cal.Penal Code § 182), asking for and receiving a bribe (Cal.Penal Code §§ 182 & 153), possession of cocaine (Cal.Health & Safety Code § 11350), and possession of metal knuckles (Cal.Penal Code § 12020). He claims that his confession was obtained in violation of his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). We agree and reverse the district court’s denial of Desire’s petition.

BACKGROUND FACTS

Desire, who was then a Los Angeles County Deputy Sheriff, was arrested on January 15, 1986. He was read his Miranda rights and asserted those rights by saying that he did not want to talk and that he wanted a lawyer. The attorney retained by the sheriff’s organization called the station and asked to speak to Desire, but was not permitted to do so. The deputies told the attorney that Desire had invoked his rights and would not be questioned. Desire was given the attorney’s name, but was not allowed to make any telephone calls. Desire then accompanied the deputies on a search of his home.

Desire's partner and codefendant,…

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