Davis

Davis v. Taylor

Good Law
116 F. App'x 807
United States Court of Appeals for the Ninth CircuitOctober 27, 2004No. 03-57014California1,106 words

Opinion

Lead Opinion

MEMORANDUM **

Shawndell Davis (“Davis”) appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Davis was convicted of attempted murder, aggravated mayhem, two counts of robbery, and grand theft of a firearm. Davis first challenges the conviction based on the admission of statements taken in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Second, Davis contends that his codefendant’s rap lyrics were improperly admitted against him at trial in violation of his right to confrontation. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm. 1 We review de novo a district *809 court’s denial of a petition for writ of habeas corpus under 28 U.S.C. § 2254 . Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001).

I.

The parties have divided Davis’ interrogation into three parts, which we adopt for convenience. Although Davis challenges the use of all three parts of the interrogation, because Parts I and III were never admitted into evidence at trial, the focus of our inquiry is on Part II (between the reading of the Miranda warnings and Davis’ second request for counsel). We analyze the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.