COLLAZO v. ESTELLE

No. 88-2443.

940 F.2d 411 (1991)

Dennis Rosa COLLAZO, Petitioner-Appellant, v. Wayne ESTELLE, Warden, California Mens Colony, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 18, 1991.


Attorney(s) appearing for the Case

William D. Farber, San Rafael, Cal., for petitioner-appellant.

Aileen Bunney, Supervising Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before GOODWIN, HUG, FLETCHER, POOLE, D.W. NELSON, REINHARDT, BEEZER, KOZINSKI, NOONAN, O'SCANNLAIN and TROTT, Circuit Judges.


Argued En Banc and Submitted October 9, 1990.

TROTT, Circuit Judge:

Appellant Collazo was arrested for murder and advised of his Miranda rights. He declined to waive them, asking instead to talk to a lawyer. The police responded to his request by telling Collazo it "might be worse" for him if he talked to an attorney, and that it was in his interest to talk to them without one. Three hours later, he "changed his mind," was readvised of his rights, and...

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