Rowen

Rowen v. Duncan

Good Law
148 F. App'x 601
United States Court of Appeals for the Ninth CircuitAugust 25, 2005No. 03-57035California324 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald K. Rowen appeals pro se the district court’s dismissal of his habeas petition. We have jurisdiction under 28 U.S.C. § 2253 . We review the district court’s dismissal de novo, Medina v. Hornung, 386 F.3d 872, 876-77 (9th Cir.2004). We may reverse the district court’s dismissal only if the state court adjudication “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.” 28 U.S.C. § 2254 (d)(1).

Rowen argues that his Fifth Amendment rights were violated by the admission at his state trial of statements during a police interview, because he had not received the warning called for by Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). The state court of appeal concluded that under Stansbury v. *602 California, 511 U.S. 318 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 (1994) (per curiam), Row-en was not “in custody” during the interrogation and Miranda warnings were not required. Rowen was at home, and although he was briefly handcuffed during an initial weapons search, he was interviewed after the handcuffs were removed. The…

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