Custodio v. Fisher
Custodio v. Fisher
Opinion of the Court
MEMORANDUM
Elias Manuel Custodio appeals the district court’s order denying his petition for
That Custodio was intoxicated, fatigued, and in pain does not change the result. The Idaho Court of Appeals determined that, despite these handicaps, Custodio was coherent, responsive, alert, and fully oriented. This factual determination was not unreasonable. See 28 U.S.C. § 2254(d)(2). Accordingly, Custodio’s waiver of his Miranda rights was effective. See United States v. Doe, 155 F.3d 1070, 1075 (9th Cir. 1998) (en banc); United States v. Martin, 781 F.2d 671, 673-74 (9th Cir. 1986).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.