Wilson v. Fairman
Opinion of the Court
MEMORANDUM
Kelly Harold Wilson appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We affirm.
The court of appeal’s decision that Wilson was not subjected to custodial interrogation in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16
Nor did the court of appeal unreasonably apply Supreme Court precedent in determining that the officers’ alleged promises and threats did not render Wilson’s confession involuntary. It was not objectively unreasonable for the court to conclude that neither the officers’ statements regarding leniency, nor their comments about the potentially severe prison term Wilson faced for his crimes, caused Wilson’s “will [to be] overborne at the time he confessed.” Haynes v. Washington, 373 U.S. 503, 513, 83 S.Ct. 1336, 10 L.Ed.2d 513 (1963) (citation and internal quotation marks omitted). Wilson’s contention that his swollen eye rendered his confession involuntary finds no support in the record.
Finally, Wilson proeedurally defaulted his objection to the trial court’s exclusion of Robinson’s impeachment testimony, and therefore federal habeas review of Wilson’s challenge is barred. Coleman v. Thompson, 501 U.S. 722, 729-30, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). Contrary to Wilson’s assertion, the record does not show that his counsel moved to admit testimony about the “blackmail ring” at trial.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Reference
- Full Case Name
- Kelly Harold WILSON v. J.W. FAIRMAN, Jr., Warden
- Cited By
- 1 case
- Status
- Published