9th Cir.
10-55637
The court of appeals affirmed in part and vacated in part a district court’s conditional grant of a habeas corpus petition. The court held that neither a defendant’s custodial confession to two murders, obtained in violation of Miranda, nor his trial confession, which was induced by the erroneous admission of his custodial confession, could be used against him at trial or in subsequent proceedings without perpetuating the underlying Fifth Amendment error. The court held further that it was for the state trial court, not the district court, to determine whether and to what degree the defendant’s murder convictions could be modified as an appropriate remedy.
