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U.S. v. PRESTON

No. 11-10511.

751 F.3d 1008 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Tymond J. PRESTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2014.

Attorney(s) appearing for the Case

Professor Keith Swisher (argued), Phoenix, AZ, for Defendant-Appellant.

Mark S. Kokanovich (argued), Michael T. Morrissey and Bridget S. Bade , Assistant United States Attorneys for the District of Arizona; Ann Birmingham Scheel , Acting United States Attorney for the District of Arizona; and Karla Hotis Delord , Acting Deputy Appellate Chief for the District of Arizona, Phoenix, AZ, for Plaintiff-Appellee.

Before: ALEX KOZINSKI, Chief Judge, and STEPHEN REINHARDT, JOHN T. NOONAN, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM McLANE WARDLAW, RONALD M. GOULD, RICHARD A. PAEZ, MARSHA S. BERZON, MORGAN CHRISTEN and PAUL J. WATFORD, Circuit Judges.

OPINION

BERZON, Circuit Judge:

Today we consider the voluntariness of a confession given by Tymond Preston, an intellectually disabled eighteen-year-old. To elicit this confession, the police, among other tactics, repeatedly presented Preston with the choice of confessing to a heinous crime or to a less heinous crime; rejected his denials of guilt; instructed him on the responses they would accept; and fed him the details of the crime to which they wanted...

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