Opinion
No. 05-55162.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed January 23, 2007.
Terry Lee Stephenson, CALSP — Calipatria State Prison, Diane E. Berley, Esq., Calipatria, CA, for Petitioner-Appellant.
Catherine Okawa Kohm, Dag, AGCA — Office of the California Attorney General, Los Angeles, CA, for Respondents-Appellee.
Appeal from the United States District Court for the Central District of California, Audrey B. Collins, District Judge, Presiding. D.C. No. CV-04-01179-ABC.
Before: KLEINFELD, GOULD, and SMITH, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The California Court of Appeal reasonably held the Miranda violations were harmless beyond a reasonable doubt. The victim's acquaintance with the defendant, his car across the street, what happened at work, and the other facts, all went together to show that the Miranda error was harmless beyond a reasonable doubt. The California decision was not clearly contrary to or an unreasonable application of Supreme Court authority.
384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Arizona v. Fulminante, 499 U.S. 279, 310, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991).
Carey v. Musladin, ___ U.S. ___, 127 S.Ct. 649, 653, 166 L.Ed.2d 482 (2006).
AFFIRMED.