Summary
finding Brecht prejudice where confession obtained in violation of Miranda was admitted at trial even though defendant testified at trial; defendant's testimony could be disregarded because decision to testify was a tactical choice likely influenced by the prosecutor's use of the confession, and the remaining testimonial evidence was inconsistent or only marginally useful to the prosecution
Summary of this case from Cooper v. McGrathOpinion
No. 02-1684.
DECEMBER 1, 2003.
C.A. 9th Cir. [Certiorari granted, 539 U. S. 986.] Motion of respondent for appointment of counsel granted, and Tara K. Allen, Esq, of Malibu, Cal, is appointed to serve as counsel for respondent in this case.