Richard A. Erickson v. Lloyd Rupp, Commissioner of Corrections

40 F.3d 1246 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard A. ERICKSON Petitioner-Appellant, v. Lloyd RUPP, Commissioner of Corrections Respondent-Appellee. No. 94-35051. United States Court of Appeals, Ninth Circuit. Submitted Nov. 2, 1994. * Decided Nov. 23, 1994. Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Richard Erickson appeals the district court's dismissal of his petition for a writ of habeas corpus, which he brought to set aside his state court conviction of second-degree assault stemming from his participation in a car bombing. We affirm. A. Voluntariness of Erickson's Statements 3 The voluntariness of confessions or other statements should be independently determined by a district court that is considering a habeas petition. See Miller v. Fenton, 474 U.S. 104, 112 , 106 S.Ct. 445, 451 , 88 L.Ed.2d 405 (1985). A state court's subsidiary factual findings underlying the voluntariness of a statement, however, are entitled to a…