Robert Anderson v. Edward Alameida, Jr., Director, California Department of Corrections

Petitioner, Robert Andersen, appeared before a New Hampshire state court and waived extradition to California on an arrest warrant issued in an 8-year-old murder and robbery case. Later, as two San Francisco police inspectors drove him to Boston’s Logan International Airport, he confessed to the crimes.

On appeal from the denial of his habeas corpus writ, petitioner argues that his trial attorney’s failure to argue for the exclusion of his car-ride confession was a violation of his Sixth Amendment right to counsel. We have jurisdiction under 28 U.S.C. § 2253 .

Our review of a district court’s denial of a 28 U.S.C. § 2254 habeas petition is de novo. See Gill v. Ayers, 342 F.3d 911, 917 (9th Cir.2003). The Antiterrorism and Effective Death Penalty Act of 1996 (AED-PA), 110 Stat. 1214 , governs review of a petitioner’s state conviction under § 2254. Under the AEDPA, a petitioner must show that the state court’s adjudication “resulted in a decision that was contrary to, or involved .an unreasonable application of, clearly established Federal law, as de termined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). For the reasons stated below, we…