Brewer
Brewer v. Yearwood
Opinion
Lead Opinion
MEMORANDUM **
Tony Lee Brewer appeals the district court’s dismissal of his habeas corpus petition. We affirm.
Brewer was arrested for car theft. A detective read him his Miranda rights and asked, “Do you want to talk about what happened and answer my questions?” Brewer replied, “I’ll answer what I want. This is bullshit. I don’t know nothing.” He then answered questions about a residential burglary. The next day, when asked, Brewer said he still wanted to talk and answer questions about the case. Questioning about the burglary resumed briefly. Another detective then asked Brewer questions about the theft of a car, which he answered. Brewer now contends that he invoked his right to silence, ren *714 dering his statements about the car theft at the subsequent interview inadmissible.
First, we reject Brewers’s argument that his waiver was ambiguous, and that the detective should have clarified it before continuing the questioning. His statement “I’ll answer what I want” was not ambiguous. See United States v. Thierman, 678 F.2d 1331, 1332, 1335 (9th Cir.1982) (holding that suspect’s saying “that the police could ask him questions and that he would respond to the ones he wanted to…