SESSOMS v. RUNNELS

No. 08-17790.

691 F.3d 1054 (2012)

Tio Dinero SESSOMS, Petitioner-Appellant, v. D.L. RUNNELS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2012.


Attorney(s) appearing for the Case

Eric Weaver (argued), Albany, CA, for petitioner-appellant Tio Dinero Sessoms.

Edmund G. Brown , Attorney General of California, Michael P. Farrell , Senior Assistant Attorney General, Charles A. French , Supervising Deputy Attorney General, Jeffrey D. Firestone (argued), Deputy Attorney General, Sacramento, CA, for respondent-appellee D.L. Runnels.

Peter C. Pfaffenroth (argued), HL Rogers, Brian A. Fox , Sidley Austin LLP, Washington, D.C.; Mark E. Haddad , Douglas A. Axel , Sidley Austin LLP, Los Angeles, CA; David M. Porter , Sacramento, CA, for amicus National Association of Criminal Defense Lawyers.

Opinion by Judge B. FLETCHER; Concurrence by Judge FISHER; Dissent by Judge MURGUIA.


OPINION

B. FLETCHER, Circuit Judge, with whom SCHROEDER, WARDLAW, FISHER, PAEZ, and M. SMITH, Circuit Judges, join in full:

Tio Sessoms, a nineteen-year-old black man, sat alone in an eight-by-ten foot interrogation room. Five days earlier, on the advice of his father, Sessoms had turned himself in to the local police. Before doing so, Sessoms's father told his son: you must ask for a lawyer before talking to the police.

Sessoms followed his father...

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