Kelly Paranteau v. Leroy Kirkegard

MEMORANDUM

Montana state prisoner Kelly Gene Par-anteau appeals the district court’s summary denial of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

1. The Montana Supreme Court’s decision that Paranteau did not suffer a violation of his speedy trial right was not contrary to or an unreasonable application of Barker v. Wingo, 407 U.S. 514 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972). 28 U.S.C. § 2254 (d)(1). Nor was the Montana Supreme Court’s decision based on an unreasonable determination of the facts in light of the evidence showing that Paranteau’s counsel took actions inconsistent with Par-anteau’s desire for a speedy trial. 28 U.S.C. § 2254 (d)(2).

2. The state court’s admission of Par-anteau’s statements to law enforcement was not contrary to or an unreasonable application of Supreme Court precedent. See Schneckloth v. Bustamonte, 412 U.S. 218, 226 , 93 S.Ct. 2041 , 36 L.Ed.2d 854 (1973) (considering the totality of the circumstances to determine the voluntariness of a confession). The state court found that the offers of leniency were contingent, not guarantees, and that Paranteau was not so overcome by the effects of…