Delgadillo

Delgadillo v. Hickman

Good Law
104 F. App'x 643
United States Court of Appeals for the Ninth CircuitAugust 6, 2004No. 03-55943California244 words

Opinion

Lead Opinion

MEMORANDUM **

California prisoner Adam Delgadillo appeals the judgment of the district court denying his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny federal habeas relief, Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir.), cert. denied, — U.S. -, 124 S.Ct. 446 , 157 L.Ed.2d 313 (2003), and we affirm.

Because the parties are familiar with the facts, we recite them only as necessary for this decision. We conclude that the California Court of Appeal’s determination that Delgadillo waived his Miranda rights during his interrogation was not contrary to, and did not involve an unreasonable application of, clearly-established federal law. See Michigan v. Mosley, 423 U.S. 96, *644 103-04 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975). We also conclude that Delgadillo’s wrist-cutting was insufficient to create a bona fide doubt as to Delgadillo’s competence. See Williams v. Woodford, 306 F.3d 665, 701-02 (9th Cir.2002). We decline to remand the case for further factual development because the jail records Del-gadillo seeks were never viewed by the state court judge and therefore are…

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