Eugene Tagala v. Lloyd F. Hames, Commissioner, State Division of Corrections

19 F.3d 29 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eugene TAGALA, Petitioner-Appellant, v. Lloyd F. HAMES, Commissioner, State Division of Corrections Respondent-Appellee. No. 93-35452. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 31, 1994. Decided Feb. 18, 1994. Before: GOODWIN, SCHROEDER, and NORRIS, Circuit Judges. 1 MEMORANDUM * 2 Eugene Tagala appeals the denial of his habeas petition, which was based on alleged violations of Miranda v. Arizona, 384 U.S. 436 (1966). Because the district court did not clearly err in finding that Tagala was not in custody during his first police interview and because the court correctly found that his second interview did not violate his right to counsel, we affirm. 3 Daniel Stailey was shot and killed in Homer, Alaska on October 2, 1988. Homer police suspected that Tagala might have committed the crime, and began to search the area for him. 4 At 7:54 am the next day, Sergeant Luther Christopher of…