· 3/15/2024
Fargas De Jesus, Maria a v. Kimco Realty Inc
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).
Sourced from CourtListener / Free Law Project (CC0).
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