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SESSOMS v. GROUNDS

No. 08-17790.

768 F.3d 882 (2014)

Tio Dinero SESSOMS, Petitioner-Appellant, v. Randy GROUNDS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2014.

Attorney(s) appearing for the Case

Eric Weaver (argued), Albany, CA, for Petitioner-Appellant.

Jeffrey Firestone (argued), Deputy Attorney General; Kamala D. Harris , Attorney General of California; Michael P. Farrell , Senior Assistant Attorney General; and Charles A. French , Supervising Deputy Attorney General, Sacramento, CA, for Respondent-Appellee.

Peter C. Pfaffenroth , HL Rogers and Brian A. Fox , Sidley Austin LLP, Washington, D.C.; Mark E. Haddad and Douglas A. Axel , Sidley Austin LLP, Los Angeles, CA; and David M. Porter , Office of the Federal Defender, Sacramento, CA, for Amicus Curiae National Association of Criminal Defense Lawyers.

Opinion by Judge McKEOWN; Dissent by Chief Judge KOZINSKI; Dissent by Judge CALLAHAN; Dissent by Judge MURGUIA.

OPINION

Opinion by McKEOWN, Circuit Judge, joined by SCHROEDER, WARDLAW, FISHER, PAEZ and M. SMITH, Circuit Judges:

An American poet wrote more than 100 years ago: "When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck."1 When a suspect says "give me a lawyer," that request walks, swims, and quacks like a duck. It is an unambiguous request for a lawyer, no matter how you...

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