Guillermo Plascencia v. Wayne Estelle, Warden

Good Law
990 F.2d 1259·1993 WL 113800·1993 U.S. App. LEXIS 14000
United States Court of Appeals for the Ninth CircuitApril 13, 199391-55558California1,948 words

Opinion

Opinion

990 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Guillermo PLASCENCIA, Petitioner-Appellant, v. Wayne ESTELLE, Warden, Respondent-Appellee. No. 91-55558. United States Court of Appeals, Ninth Circuit. Submitted Dec. 10, 1992. * Decided April 13, 1993. Before BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM ** 2 Guillermo Plascencia appeals the denial of his petition for habeas corpus under 28 U.S.C. § 2254 , contending two confessions introduced against him at trial were not voluntarily made and that he did not voluntarily, knowingly, and intelligently waive his Miranda rights. Miranda v. Arizona, 384 U.S. 436 (1966). We conclude this case cannot be fairly distinguished from Collazo v. Estelle, 940 F.2d 411 (9th Cir.1991) (en banc), and therefore reverse. 3 * On July 7, 1984, 22-year-old Plascencia was in the San Diego County jail on charges unrelated to this case. At 1:00 o'clock that morning, Los Angeles Police Officers, who suspected him…

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