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CRUZ v. MILLER

No. 00-2005.

255 F.3d 77 (2001)

Santos CRUZ, Petitioner-Appellant, v. David MILLER, Superintendent, Eastern Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: June 22, 2001.

Errata Filed: July 11, 2001.

Attorney(s) appearing for the Case

Andrea G. Hirsch, New York, N.Y., for petitioner-appellant.

Kimberly Morgan, Asst. Dist. Atty., Bronx, N Y (Robert T. Johnson, Dist. Atty., Joseph N. Ferdenzi, Asst. Dist. Atty., Bronx, N.Y., on the brief), for respondent-appellee.

Before: JON O. NEWMAN, and JOSÉ A. CABRANES, Circuit Judges, and UNDERHILL, District Judge.

JON O. NEWMAN, Circuit Judge.

The issue on this appeal from a denial of a writ of habeas corpus is whether the state courts made an "unreasonable application" of clearly established Supreme Court law, see 28 U.S.C.A. § 2254(d)(1) (West Supp.2000), in determining that the circumstances under which a suspect was stopped and questioned on a public street did not result in "custody" requiring Miranda warnings. Santos Cruz appeals from the December 12...

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