Raymond Schuenemann v. Lloyd Hames, Commissioner of Corrections

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raymond SCHUENEMANN, Petitioner-Appellant, v. Lloyd HAMES, Commissioner of Corrections, Respondent-Appellee. No. 93-35455. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 1, 1994. Decided Feb. 23, 1994. Before: WRIGHT, REAVLEY, * and LEAVY, Circuit Judges. 1 MEMORANDUM ** I. Voluntary Confession 2 Schuenemann argues that his confession was involuntary due to psychological coercion by Lieutenant Nielson (Nielson), the third officer to interrogate him. If Schuenemann's allegations are true, we must overturn his convictions on the counts to which he conditionally pleaded guilty because his confession was involuntary in violation of his Fourteenth Amendment due process rights. Derrick v. Peterson, 924 F.2d 813, 817 (9th Cir.1991). To determine whether a defendant's confession was voluntary or the result of psychological coercion, we look to all the surrounding circumstances. United States v.…