Bennet
Bennet v. Terhune
Opinion
lead Opinion
MEMORANDUM **
Richard Bennet (“Bennet”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We review de novo the district court’s decision. See Robinson v. Ignacio, 360 F.3d 1044, 1055 (9th Cir.2004). We review the “last reasoned decision” by a state court, which in this case is the decision of the California Court of Appeal. Id. Because the parties are familiar with the facts and procedural history we do not include them here, except as necessary to explain our disposition. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.
We granted Bennet’s, certificate of appealability with respect to the following issue:
Bennet argues that “The California state court’s denial of [Bennet’s] Fifth Amendment claim was both contrary to and an unreasonable application of’ the law under Miranda. 1 Specifically, he contends the state court’s reliance on Oregon v. Elstad, 470 U.S. 298 , 105 S.Ct. 1285 , 84 L.Ed.2d 222 (1985) “to find that neither coercion nor improper tactics were used to obtain the prisoner’s two deliberately unwarned confessions ... is an unreasonable application of that decision to the facts in [his] case.” In…