Cagley

Cagley v. Duncan

Good Law
122 F. App'x 353
United States Court of Appeals for the Ninth CircuitFebruary 11, 2005No. 03-56003California582 words

Opinion

Lead Opinion

MEMORANDUM *

Brett Cagley, a California state prisoner, appeals from the district court’s denial of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus challenging his convictions for lewd and lascivious acts upon a child under the age of 14 years under California Penal Code § 288(a) and for child molestation under California Penal Code § 647.6(a). We review de novo the district court’s decision to deny a habeas petition under 28 U.S.C. § 2254 , see Laboa v. Calderon, 224 F.3d 972, 976 (9th Cir. 2000), and we affirm.

I

As the facts are known to the parties, we do not recite them here except as necessary to explain our disposition. Cagley was interrogated twice by Detective Mike DiMatteo. He argues that the statements he made during the second of those interviews, two days after the first (Mirandized) interview, were obtained in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and should therefore have been suppressed.

The California Supreme Court denied Cagley’s petition for review without opinion, and so we review the Court of Appeal’s opinion as the last reasoned decision by the state courts in this case. See Avila v. Galaza,…

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