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MOORE v. CZERNIAK

No. 04-15713.

534 F.3d 1128 (2008)

Randy Joseph MOORE, Petitioner-Appellant, v. Stan CZERNIAK, Superintendent of OSP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2008.

Attorney(s) appearing for the Case

Barbara L. Creel, Office of the Federal Public Defender, Portland, OR, for the petitioner-appellant.

Hardy Myers, Attorney General for the State of Oregon, Mary H. Williams, Solicitor General (On the Briefs); Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals Unit, Salem, OR (Argued), for the Respondent-Appellee.

Opinion by Judge REINHARDT; Concurrence by Judge BERZON; Dissent by Judge BYBEE.

REINHARDT, Circuit Judge:

Randy Moore's taped confession was obtained by the police at the station house by means that even the state concedes were unconstitutional. It does not contest on this appeal the district court's finding that Moore's confession was involuntary. As the Supreme Court has declared emphatically, "[a] confession is like no other evidence. Indeed, `the defendant's own confession is probably the most probative and damaging evidence that can be admitted...

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