Thomas

Thomas v. McGrath

Good Law
132 F. App'x 709
United States Court of Appeals for the Ninth CircuitMay 20, 2005No. 04-17082California512 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Bernard Thomas appeals pro se the district court’s order denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Because the state court has supplied no reasoned decision on these claims, we perform an independent review of the record to determine whether the state court’s decision was objectively unreasonable. Delgado v. Lewis, 223 F.3d 976, 982 (9th Cir.2000). Further, in light of the record as a whole, any alleged error must have had a “substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 638 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993).

Appellant contends that the trial court erred in admitting statements obtained in violation of his Miranda rights. See Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). Upon review of the record, we conclude that the trial court’s determination that appellant’s statements were made after his Miranda warning was issued, but before he invoked his right to an attorney, was not objectively unreasonable, see Delgado, 223 F.3d at 982 , and had no effect on the verdict, see Brecht, 507 U.S.…

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