Pribble

Pribble v. Schriro

Good Law
158 F. App'x 818
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 04-16175California1,164 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner James Pribble (“Pribble”) appeals the District Court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his 1993 conviction for two counts of armed robbery. Pribble contends that his confession to the police was involuntary under the totality of circumstances, chiefly because it was induced by the interrogating detective’s promise to recommend a lower bond for pretrial release. Pribble also motions to expand the Certificate of Appealability (COA) to include claims of ineffective assistance by his trial and appellate counsel. We hold that the state court reasonably resolved conflicting evidence in the record to find that the interrogating officers did not make any promises or otherwise coerce Pribble. As such, the state court’s ultimate conclusion that Pribble’s statements were voluntary is not based on an unreasonable determination of the facts, nor is it an unreasonable application of federal law. Regarding Pribble’s uncertified claims, we find that his claim of ineffective assistance by trial counsel mer *820 its certification, but fails on the merits. Pribble’s claim of ineffective assistance by appellate counsel does not merit…

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