Barcheers

MEMORANDUM **

California state prisoner Danielle Barcheers appeals the district court’s denial of her petition for habeas corpus under 28 U.S.C. § 2254 . Because the parties are familiar with the facts, procedural history, and arguments, we do not include them here except as necessary to explain our disposition. We affirm.

We review the district court’s denial of Barcheers’s petition de novo. Campbell v. Rice, 408 F.3d 1166, 1169 (9th Cir.2005) (en banc). Like the district court, we review Barcheers’s petition under the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) because the petition was filed after AEDPA’s effective date. Id. Under AEDPA, we may not grant a habeas petition unless the decision of the state court “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

As to the voluntariness of Barcheers’s confession, we turn first to the “crucial element”…

I dissent. Taylor v. Maddox, 366 F.3d 992 (9th Cir.), cert. denied, — U.S. ——, 125 S.Ct. 809 , 160 L.Ed.2d 605 (2004), compels the conclusion that Barcheers’ confession was involuntary. I cannot agree with the majority’s attempts to distinguish Taylor . Although the majority tries to minimize the degree of involuntariness involved here, this case presents at least as much—if not more—evidence of involuntariness as Taylor . Both Taylor and Barcheers were arrested late at night and interrogated without the presence of an attorney or a parent. Id. at 997 . Both were desperate and upset during the interrogation. Id. at 1003 . Both were also told that they would be better off if they con *105 fessed. Id. But, while Taylor was sixteen, Barcheers had barely turned fifteen when she was arrested. Cfi id at 996. She was detained later at night, ultimately interrogated for a longer period of time, cried constantly during a portion of her interrogation, and had not slept for a full twenty-four hours before the interrogation commenced. While Taylor suffered from no mental health problems and was not a victim of sexual abuse, Barcheers had just recently been recommended for hospitalization…