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MAYS v. CLARK

No. 12-17189.

807 F.3d 968 (2015)

Darious A. MAYS, Petitioner-Appellant, v. Ken CLARK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred January 8, 2015.

Resubmitted and Filed December 8, 2015.

Attorney(s) appearing for the Case

Marylou Elin Hillberg (argued), Sebastopol, CA, for Petitioner-Appellant.

David Andrew Eldridge (argued), Deputy Attorney General; Kamala D. Harris , Attorney General; Michael P. Farrell , Senior Assistant Attorney General; and Brian G. Smiley , Supervising Deputy Attorney General, Office of the California, Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: SIDNEY R. THOMAS, Chief Judge and STEPHEN REINHARDT and MORGAN CHRISTEN, Circuit Judges.

OPINION

At age 17, Darious Antoine Mays was charged with murdering Sheppard Scott as Scott sat in his car at a drive-through Jack In the Box restaurant. A detective conducted a custodial interrogation of Mays. During the interrogation, Mays requested a lawyer. Instead of ceasing the interrogation, the detective...

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