Peter Joseph Krysinski v. James Rowland, Director of the California Department of Corrections

89 F.3d 845 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Peter Joseph KRYSINSKI, Petitioner-Appellant, v. James ROWLAND, Director of the California Department of Corrections, Respondent-Appellee. No. 94-16749. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 16, 1995. Decided April 29, 1996. Before: SCHROEDER, FLETCHER, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Krysinski appeals the denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We reverse in part, affirm in part and remand for further proceedings. 3 * Police officers arrested and interrogated Krysinski as a suspect in two assaults, one a sexual assault against Marla Oliver, and the other an assault against Sonja Samaniego. 1 An officer advised Krysinski that he was under investigation for the assault against Oliver and read him his Miranda rights. Krysinski said he understood and was willing to talk with the…