Brown v. Horell
644 F.3d 969
| 9th Cir. | 2011Background
- Brown was convicted in 2005 of first degree murder, attempted murder, and attempted robbery with firearm and prior convictions, and sentenced to life without parole plus 74 years to life.
- Brown was interrogated three times by detectives after his arrest on a parole violation, culminating in an April 15, 2002 admission that he shot Victor Jones.
- Defense sought suppression of the April 15 admission and other statements as involuntary; Dr. Richard Ofshe testified to coercive interrogation techniques.
- The trial court admitted the April 15 admission and excluded Dr. Ofshe's expert testimony on interrogation methods; jury heard redacted video/audio from interrogations.
- Brown challenged the habeas petition on two grounds: involuntary confession and exclusion of expert testimony; the district court denied relief; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of the April 15 confession | Brown argues coercive tactics via promise of seeing his baby. | Habeas standard requires unreasonable application of law; state court erred. | State court decision not unreasonable under AEDPA; admission sustained. |
| Right to present a complete defense via expert testimony | Exclusion of Ofshe violated right to present complete defense. | State court properly limited under evidentiary rule and precedent. | State court ruling not contrary to or an unreasonable application of Supreme Court precedent. |
Key Cases Cited
- Withrow v. Williams, 507 U.S. 680 (U.S. 1993) (due process; voluntariness under totality of circumstances)
- Haynes v. Washington, 373 U.S. 503 (U.S. 1963) (threats/promises to family may render confession involuntary)
- Lynumn v. Illinois, 372 U.S. 528 (U.S. 1963) (coercive promise affecting child welfare renders confession involuntary)
- Tingle, 658 F.2d 1332 (9th Cir. 1981) (parental vulnerability as coercive factor in interrogation)
- Haynes v. Washington, 373 U.S. 503 (U.S. 1963) (threats to continued detention and family contact can coerce confession)
- Williams v. Taylor, 529 U.S. 362 (U.S. 2000) (AEDPA deference; unreasonable application standard)
- Harrington v. Richter, 131 S. Ct. 770 (U.S. 2011) (high bar for unreasonable application under AEDPA)