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EVANS v. DEMOSTHENES

No. 95-17240.

98 F.3d 1174 (1996)

Michael R. EVANS, aka Michael Robert Dulin, Petitioner-Appellant, v. Peter DEMOSTHENES, Warden; The Attorney General of the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 25, 1996.

Attorney(s) appearing for the Case

John Lambrose, Assistant Federal Public Defender, Las Vegas, NV, for petitioner-appellant.

Robert E. Wieland, Deputy Attorney General, David F. Sarnowski, Chief Deputy Attorney General (argued), Carson City, NV, for respondents-appellees.

Before: BOOCHEVER, JOHN T. NOONAN, Jr., and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Michael R. Evans, convicted in Nevada state court of burglary and grand larceny, appeals the district court's denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

At his state court trial, Evans's confession was admitted over his objection that the police had violated his Miranda rights by continuing to question him after he had invoked his right to remain silent. In response to...

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