Wenzel

Wenzel v. Early

Good Law
226 F. App'x 739
United States Court of Appeals for the Ninth CircuitMarch 27, 2007No. 06-55467California264 words

Opinion

Lead Opinion

MEMORANDUM *

George Wenzel appeals the district court’s denial of his habeas petition. The California Court of Appeal correctly identified the relevant legal issue: whether Wenzel declared — through a clear and un *740 equivocal statement — that he wished to invoke his Fifth Amendment right to remain silent. Cf. Lockyer v. Andrade, 538 U.S. 63, 73 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003) (“A state court decision is contrary to [the Supreme Court’s] clearly established precedent if the state court applies a rule that contradicts the governing law set forth in [its] cases.” (internal quotation marks omitted)); see also Davis v. U.S., 512 U.S. 452, 459 , 114 S.Ct. 2350 , 129 L.Ed.2d 362 (1994) (“Invocation of the Miranda right to counsel requires, at a minimum, some statement that can reasonably be construed to be an expression of a desire for the assistance of an attorney.” (internal quotation marks omitted)); Anderson v. Terhune, 467 F.3d 1208, 1211 (9th Cir.2006) (applying Davis to determine whether a defendant invoked his Fifth Amendment right to remain silent). The state court’s determination that Wenzel’s statements were ambiguous was objectively reasonable. See Williams v.…

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