Evans

Michael R. Evans, convicted in Nevada state court of burglary and grand larceny, appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2264 .

At his state court trial, Evans’s confession was admitted over his objection that the police had violated his Miranda rights by continuing to question him after he had invoked his right to remain silent. In response to police interrogation, he had not affirmatively stated he wanted to remain silent. Instead, he complained of stomach pain. The initial questioning was suspended for a brief period, and when it resumed Evans confessed. The district court held that Evans had not invoked his right to remain silent and denied his habeas petition. Evans v. Demosthenes, 902 F.Supp. 1253 (D.Nev.1995).

We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

I

Evans and his roommate Daniel Barsch were arrested at their apartment by Las Vegas police on suspicion of burglaiy. Evans and Barsch were escorted outside of the apartment and read their Miranda rights by Officer Thomas Johnson. During the reading, Evans interrupted Officer Johnson in what the officer later described as a…