Hernandez Anzures v. Smith
Hernandez Anzures v. Smith
Opinion of the Court
MEMORANDUM
Petitioner, Arthur Hernandez Anzures, appeals the district court’s denial of his petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
Petitioner’s Fifth Amendment rights were not violated by the admission of testimony from Winn and Aragon. Under Illinois v. Perkins, 496 U.S. 292, 110 S.Ct. 2394, 110 L.Ed.2d 243 (1990), questioning by an undercover government agent does not constitute a “custodial interrogation.” Therefore, the rule in Edwards v. Arizona, 451 U.S. 477, 101 S.Ct. 1880, 68 L.Ed.2d 378 (1981), that custodial interrogation must cease once a defendant has invoked his right to counsel does not apply in this case. See United States v. Stubbs, 944 F.2d 828, 832 (11th Cir. 1991).
The Sixth Amendment issue presents a closer question. Even assuming, however, that Petitioner has shown that the admission of Jackson’s testimony violated the Sixth Amendment, he has not
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts in this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.