Robert Goff v. Jeff Premo

MEMORANDUM

Oregon state prisoner Robert Goff appeals from the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Goff was questioned by a Clackamas County Sheriffs Department Detective while he was in the hospital recovering from surgery. The Detective did not ad vise Goff of his rights under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Goff was not under arrest, but argues that he was in custody at the time of the questioning because he was not free to leave the hospital due to medical holds that hospital personnel had placed on him. Goff argues that the State’s use of what he said to the Detective violated his Fifth and Fourteenth Amendment rights.

Statements obtained in violation of Miranda may be used at trial to impeach the defendant’s testimony. See Harris v. New York, 401 U.S. 222, 224 , 91 S.Ct. 643 , 28 L.Ed.2d 1 (1971). Goffs statements to the Detective were used only to cross-examine Goff and in the State’s rebuttal. The statements were not admissions of guilt and were used only to impeach Goffs prior testimony. Because the use of Goffs…