Alvin Lee Harrell v. E.B. Myers

Good Law
990 F.2d 1257·1993 WL 77280·1993 U.S. App. LEXIS 13840
United States Court of Appeals for the Ninth CircuitMarch 18, 199391-16566California645 words

Opinion

Opinion

990 F.2d 1257 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin Lee HARRELL, Petitioner-Appellant, v. E.B. MYERS, Respondent-Appellee. No. 91-16566. United States Court of Appeals, Ninth Circuit. Submitted March 12, 1993. * Decided March 18, 1993. Before PREGERSON, BOOCHEVER and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Alvin Lee Harrell appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his 1988 conviction for first degree murder. The petition alleges that Harrell's confession was obtained in violation of Miranda, and that his guilty plea was involuntary. We affirm. DISCUSSION A. Involuntary Confession 3 Harrell alleges that he was not advised of his Miranda rights prior to confessing. He also alleges that his confession was coerced. Harrell's plea of guilty, however, precludes him from raising these issues on appeal. See Marrow v. United States, 772 F.2d 525, 527 (9th Cir.1985); Tollett v. Henderson, 411 U.S. 258, 266-67 (1973). B.…

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