9th Cir.;
12-56594

The court of appeals reversed a district court judgment denying a petition for writ of habeas corpus. The court held that the California Court of Appeal unreasonably concluded that detectives did not violate a 14-year old suspect's Miranda rights when they continued to question him after he asked for a lawyer, and later badgered him into revoking that request.

Fourteen-year old Jessie Rodriguez was arrested as a suspect in a fatal drive-by shooting. During a recorded interrogation, Rodriguez asked for an attorney. The detectives agreed, but then promptly told Rodriguez that he was going to be charged with murder. One detective explained that he had “tried to give [Rodriguez} the opportunity to straighten things out,” but since Rodriguez had asked for an attorney, there was nothing else he could do for him. The detectives then showed Rodriguez a photograph of the apparent target in the drive-by shooting, who had survived, and twice asked Rodriguez if he recognized him. Rodriguez answered “no.” After being booked, Rodriguez agreed to speak with the detectives. During that interview, which was not recorded, Rodriguez wrote out a statement confessing to being the shooter. He was tried as an adult and convicted of murder and attempted murder, and sentenced to 84 years to life in prison. The judgment was upheld on appeal, and Rodriguez's state habeas petition was denied.