Carl Thompson v. Patrick Keohane, Warden Charles E. Cole, Attorney General, State of Alaska

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carl THOMPSON, Petitioner-Appellant, v. Patrick KEOHANE, Warden; Charles E. Cole, Attorney General, State of Alaska, Respondent-Appellee. No. 94-35052. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1994. Decided Aug. 11, 1994. Before: PREGERSON, CANBY and BOOCHEVER, Circuit Judges. 1 MEMORANDUM * 2 Carl Thompson appeals the district court's denial of his petition for writ of habeas corpus. Thompson alleges that his incarceration violates the Constitution because the state trial court admitted statements that Thompson argues were obtained in violation of his Miranda rights and a confession that he argues was involuntary. We affirm. I. 3 We recently have held that a state court's determination that a defendant was not in custody for purposes of Miranda is a question of fact entitled to the presumption of correctness under 28 U.S.C. Sec. 2254 (d). Krantz v. Briggs, 983 F.2d 961, 963-64…