Hall

Hall v. Gomez

Good Law
46 F. App'x 879
United States Court of Appeals for the Ninth CircuitSeptember 16, 2002No. 01-16296; D.C. No. CV-93-01666-LKK(DAD)California386 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Darrell Hall appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition following his conviction for three counts of oral copulation, two counts of rape, two counts of sexual battery, and burglary. We have jurisdiction pursuant to 28 U.S.C. § 2254 . We review the voluntariness of a confession de novo, see United States v. Coleman, 208 F.3d 786, 790 (9th Cir.2000), and we affirm.

Hall first contends that his confession, induced by a police detective’s representation that psychological counseling was available in prison, was involuntary because the detective failed to tell him that he would only be eligible for treatment two years before his release from prison. 1 We reject this contention because even if the detective misrepresented the availability of counseling, the representation was not unconstitutionally coercive. See United States v. Orso, 266 F.3d 1030, 1039 (9th Cir.2001) (concluding that deception does not constitute coercive conduct).

Hall next contends that he was discouraged from invoking his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), by the detective’s negative remarks regarding attorneys.…

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