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MEDEIROS v. SHIMODA

No. 86-2376.

889 F.2d 819 (1989)

Harold C. MEDEIROS, Petitioner-Appellant, v. Edwin SHIMODA, Administrator, Oahu Community Correctional Center; Corinne K.A. Watanabe, Attorney General of the State of Hawaii, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 8, 1989.

Attorney(s) appearing for the Case

John Ashford Thompson, Honolulu, Hawaii, for petitioner-appellant.

Alexa D.M. Fujise, Deputy Pros. Atty., Honolulu, Hawaii, for respondents-appellees.

Before POOLE, NORRIS and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

This appeal presents an issue of first impression in this circuit: whether an in-custody, unsolicited statement, not made in response to any police interrogation, must be suppressed because it followed an earlier voluntary statement made in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).1

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