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Ninth Circuit· 6/10/2003

Billy Russell Clark v. Tim Murphy

Citations

  • 331 F.3d 1062
  • 2003 U.S. App. LEXIS 11496
  • 2003 Cal. Daily Op. Serv. 4923
  • 2003 Daily Journal DAR 6263
  • 2003 WL 21338911

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that suspect’s statement, “I think I would like 11 to talk to a lawyer,” was ambiguous
  • holding that “I think I would like to talk to a lawyer” was ambiguous; thus, on habeas review, Arizona court’s determination neither violated Supreme Court precedent nor was objectively unreasonable
  • holding that a state court’s decision is an “unreasonable application of federal law if the state court identifies the correct governing legal principle ... but unreasonably applies that principle to the facts of the prisoner’s case”
  • holding that state court’s 3 conclusion that “I think I would like to talk to a lawyer” and “should I be telling you, or should I 4 talk to an attorney?” were not unambiguous requests for counsel was not objectively unreasonable 5 application of Davis
  • contrasting two pre-Davis cases that held similar language to be an unequivocal request for counsel with Burket and another post-Davis case finding such language to be ambiguous
  • identifying, under AEDPA review, Alva rez and other circuit cases as possible persuasive authority

Source: CourtListener parenthetical corpus (CC0).

Judges: Stapleton, O'Scannlain, Fernandez

Read full opinion on CourtListener

Cited by

254 cases in this archive cite this case; the 20 most cited are listed.

Cites

46 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Billy Russell Clark v. Tim Murphy

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.