thompson
keohane
argued
october
decided
november
session
alaska
state
trooper
headquarters
petitioner
thompson
confessed
killed
former
wife
thompson
maintained
troopers
gained
confession
without
according
warnings
required
miranda
arizona
alaska
trial
denied
motion
suppress
confession
however
ruling
custody
miranda
purposes
therefore
troopers
required
inform
miranda
rights
trial
prosecution
played
confession
jury
found
thompson
guilty
murder
appeals
alaska
affirmed
conviction
federal
district
denied
thompson
petition
writ
habeas
corpus
ninth
circuit
affirmed
courts
held
state
ruling
defendant
custody
miranda
purposes
qualifies
fact
determination
entitled
presumption
correctness
held
custody
rulings
made
determine
whether
miranda
warnings
due
qualify
presumption
correctness
rulings
resolve
factual
issue
instead
resolve
mixed
questions
law
fact
therefore
warrant
independent
review
federal
habeas
pp
section
declares
federal
habeas
proceeding
instituted
person
custody
pursuant
judgment
state
determination
factual
issue
ordinarily
shall
presumed
correct
held
basic
primary
historical
facts
factual
issue
statutory
presumption
correctness
dominantly
relates
see
page
ii
miller
fenton
nonetheless
proper
characterization
question
one
fact
law
sometimes
slippery
two
lines
decisions
compose
jurisprudence
several
cases
classified
factual
issues
within
compass
questions
extending
beyond
determination
happened
resolution
issues
involved
cases
notably
competency
stand
trial
juror
impartiality
depends
heavily
trial
superior
ability
appraise
witness
credibility
demeanor
hand
recognized
uniquely
legal
dimension
presented
issues
voluntariness
confession
effectiveness
counsel
assistance
ranked
questions
law
purposes
happened
determinations
cases
warrant
presumption
correctness
ultimate
question
declared
remains
outside
domain
matter
independent
federal
determination
ibid
pp
ultimate
custody
determination
miranda
purposes
fits
within
latter
class
cases
two
discrete
inquiries
essential
determination
whether
formal
arrest
restraint
freedom
movement
degree
associated
formal
arrest
california
beheler
first
inquiry
circumstances
surrounded
interrogation
distinctly
factual
findings
response
inquiry
attract
presumption
correctness
second
inquiry
reasonable
person
felt
liberty
terminate
interrogation
leave
calls
application
controlling
legal
standard
historical
facts
thus
presents
mixed
question
law
fact
qualifying
independent
review
practical
considerations
prompted
type
questions
like
juror
bias
competency
stand
trial
factual
issue
dominate
custody
inquiries
inquiries
trial
superior
capacity
resolve
credibility
issues
foremost
factor
notably
absent
trial
purview
vantage
whether
defendant
interrogated
situated
custody
miranda
purposes
thus
historical
facts
resolved
state
appreciably
better
position
federal
habeas
make
ultimate
determination
consistency
law
enforcement
officer
conduct
federal
miranda
warning
requirement
furthermore
classifying
custody
determination
qualifying
independent
review
serve
legitimate
law
enforcement
interests
effectively
serves
insure
protection
right
page
iii
decisions
bear
law
declaration
aspect
independent
review
potentially
may
guide
police
unify
precedent
stabilize
law
pp
ginsburg
delivered
opinion
stevens
scalia
kennedy
souter
breyer
joined
thomas
filed
dissenting
opinion
rehnquist
joined
thompson
keohane
justice
ginsburg
delivered
opinion
session
alaska
state
trooper
headquarters
petitioner
carl
thompson
confessed
killed
former
wife
thompson
confession
placed
evidence
ensuing
alaska
trial
convicted
murder
challenging
conviction
federal
habeas
corpus
proceeding
thompson
maintained
alaska
troopers
gained
confession
without
according
warnings
miranda
arizona
requires
remain
silent
anything
said
used
entitled
attorney
either
retained
appointed
miranda
warnings
due
suspect
interrogated
police
custody
state
trial
appellate
courts
determined
thompson
custody
confessed
statute
governing
federal
habeas
corpus
proceedings
directs
ordinarily
fact
findings
shall
presumed
correct
question
whether
determination
thompson
custody
confessed
finding
fact
warranting
presumption
thompson
keohane
correctness
matter
law
calling
independent
review
federal
hold
issue
whether
suspect
custody
therefore
entitled
miranda
warnings
presents
mixed
question
law
fact
qualifying
independent
review
september
two
moose
hunters
discovered
body
dead
woman
floating
gravel
pit
lake
outskirts
fairbanks
alaska
woman
stabbed
times
notified
hunters
alaska
state
troopers
issued
press
release
seeking
assistance
identifying
body
thompson
called
troopers
september
inform
former
wife
dixie
thompson
fit
description
press
release
missing
month
dental
examination
troopers
conclusively
established
corpse
dixie
thompson
september
trooper
called
thompson
asked
come
headquarters
purportedly
identify
personal
items
troopers
thought
belonged
dixie
thompson
undisputed
however
trooper
primary
reason
contacting
thompson
question
murder
thompson
drove
troopers
headquarters
pickup
truck
upon
arriving
immediately
identified
items
dixie
remained
headquarters
however
two
hours
two
unarmed
troopers
continuously
questioned
small
interview
room
exchange
troopers
inform
thompson
miranda
rights
although
constantly
assured
thompson
free
leave
also
told
repeatedly
knew
killed
former
wife
informing
thompson
execution
search
warrant
underway
home
truck
searched
pursuant
thompson
keohane
another
warrant
troopers
asked
questions
invited
confession
app
eventually
thompson
thompson
keohane
told
troopers
killed
dixie
promised
troopers
permitted
thompson
leave
impounded
truck
left
without
transportation
thompson
accepted
troopers
offer
ride
friend
house
two
hours
later
troopers
arrested
thompson
charged
murder
alaska
trial
without
holding
evidentiary
hearing
denied
thompson
motion
suppress
september
statements
tr
tr
mar
deciding
motion
papers
submitted
trial
ruled
thompson
custody
miranda
purposes
therefore
troopers
obligation
inform
miranda
rights
app
applying
objective
test
resolve
thompson
keohane
custody
question
asked
whether
reasonable
person
feel
free
leave
break
police
questioning
quoting
hunter
state
alaska
features
indicated
key
thompson
arrived
station
response
trooper
request
two
unarmed
troopers
plain
clothes
questioned
thompson
told
free
go
time
arrested
conclusion
interrogation
app
although
trial
held
totality
circumstances
reasonable
person
felt
free
leave
also
observed
troopers
subsequent
actions
releasing
shortly
thereafter
arresting
thompson
rendered
question
close
trial
prosecution
played
confession
jury
found
thompson
guilty
murder
tampering
evidence
appeals
alaska
affirmed
thompson
conviction
concluding
among
things
troopers
placed
thompson
custody
therefore
obligation
give
miranda
warnings
thompson
state
alaska
app
alaska
denied
discretionary
review
app
thompson
filed
petition
writ
habeas
corpus
district
district
thompson
keohane
alaska
district
denied
writ
according
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conclusion
thompson
confessed
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miranda
purposes
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appeals
ninth
circuit
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circuit
precedent
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determination
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purposes
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question
fact
entitled
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correctness
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federal
courts
appeals
disagree
issue
thompson
asks
us
resolve
whether
custody
determinations
matters
fact
entitled
presumption
correctness
mixed
questions
law
fact
warranting
independent
review
federal
habeas
compare
feltrop
delo
applying
presumption
correctness
jacobs
singletary
conducting
independent
review
uniformity
among
federal
courts
important
questions
order
granted
certiorari
end
division
authority
hold
presumption
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accordingly
vacate
ninth
circuit
judgment
ii
interrogation
recognized
miranda
arizona
place
inherently
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persons
interrogated
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miranda
held
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right
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silent
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questioning
initiated
law
enforcement
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taken
custody
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action
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ibid
see
also
oregon
mathiason
per
curiam
duty
give
miranda
warnings
triggered
restriction
person
freedom
render
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quoted
stansbury
california
per
curiam
slip
task
petitioner
thompson
case
identify
standard
governing
federal
habeas
courts
review
custody
determinations
section
governs
federal
habeas
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proceedings
instituted
persons
custody
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proceedings
declares
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presumed
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enumerated
exceptions
thompson
keohane
provision
added
amendment
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pub
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received
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miller
fenton
thompson
keohane
miller
observed
almost
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codification
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delineated
townsend
sain
determining
district
must
hold
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hearing
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miller
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counseled
habeas
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state
full
fair
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federal
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state
tribunal
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essentially
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frankfurter
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brown
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miller
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footnotes
know
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mckillop
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lacked
jurisdiction
subject
matter
person
applicant
state
proceeding
applicant
indigent
state
deprivation
constitutional
right
failed
appoint
counsel
represent
state
proceeding
applicant
receive
full
fair
adequate
hearing
state
proceeding
applicant
otherwise
denied
due
process
law
state
proceeding
unless
part
record
state
proceeding
determination
factual
issue
made
pertinent
thompson
keohane
determination
sufficiency
evidence
support
factual
determination
produced
provided
hereinafter
federal
consideration
part
record
whole
concludes
factual
determination
fairly
supported
record
evidentiary
hearing
proceeding
federal
due
proof
factual
determination
made
unless
existence
one
circumstances
respectively
set
forth
paragraphs
numbered
inclusive
shown
applicant
otherwise
appears
admitted
respondent
unless
concludes
pursuant
provisions
paragraph
numbered
record
state
proceeding
considered
whole
fairly
support
factual
determination
burden
shall
rest
upon
applicant
establish
convincing
evidence
factual
determination
state
erroneous
list
circumstances
warranting
evidentiary
hearing
federal
habeas
proceeding
set
similar
list
set
townsend
sain
legislative
history
indicates
house
judiciary
committee
framing
recommendations
mindful
recent
precedent
including
townsend
supra
see
also
liebman
hertz
federal
habeas
corpus
practice
procedure
pp
ed
description
interplay
habeas
statute
townsend
keeney
partially
overruled
townsend
point
relevant
keeney
held
standard
rather
deliberate
standard
correct
standard
excusing
habeas
petitioner
failure
develop
material
fact
proceedings
see
also
brown
allen
opinion
frankfurter
ascertainment
historical
facts
dispose
claim
calls
interpretation
legal
significance
facts
district
judge
must
exercise
judgment
blend
facts
legal
values
thus
mixed
questions
application
constitutional
principles
facts
found
leave
duty
adjudication
federal
judge
citation
omitted
see
cooter
gell
hartmarx
observing
regard
appellate
review
sanctions
imposed
fed
rule
civ
proc
long
noted
difficulty
distinguishing
legal
factual
issues
thompson
keohane
swint
acknowledging
relation
appellate
review
intent
determinations
title
vii
cases
vexing
nature
distinction
questions
fact
questions
law
totality
circumstances
cast
custody
determination
contrary
respondent
suggestions
mean
deferential
review
order
see
miller
fenton
determination
whether
totality
circumstances
confession
obtained
manner
consistent
constitution
qualifies
independent
review
federal
habeas
earlier
observed
see
supra
trial
decided
thompson
motion
suppress
september
statements
papers
submitted
without
holding
evidentiary
hearing
respondents
observe
reasonable
person
assessments
prominently
gauge
negligence
personal
injury
litigation
fall
within
province
fact
triers
see
cooter
gell
negligence
determinations
generally
reviewed
deferentially
thompson
keohane
mcallister
district
finding
negligence
clearly
erroneous
wright
miller
federal
practice
procedures
ed
traditionally
legal
system
entrusted
negligence
questions
jurors
inviting
apply
community
standards
see
keeton
dobbs
keeton
owen
prosser
keeton
law
torts
pp
ed
reason
question
usually
said
one
fact
although
apparent
function
jury
fixing
standard
differs
judge
reduced
anything
approaching
definite
rule
judges
alone
make
custody
assessments
miranda
purposes
view
identifying
recurrent
patterns
advancing
uniform
outcomes
supply
definite
rule
nonetheless
reduce
area
uncertainty
see
illinois
perkins
miranda
warnings
required
prior
questioning
incarcerated
individual
undercover
agent
suspect
unaware
police
presence
coerced
berkemer
mccarty
nature
suspected
offense
irrelevant
duty
administer
miranda
warnings
oregon
mathiason
per
curiam
fact
interrogation
occurs
police
station
require
miranda
warnings
contexts
similarly
concluded
likely
absence
precedential
value
cuts
requiring
plenary
appellate
review
district
determination
example
cooter
gell
hartmarx
decision
confirming
standard
applies
appellate
review
sanctions
fed
rule
civ
proc
observed
plenary
review
likely
fail
produce
normal
benefits
come
appellate
decision
question
law
quoting
pierce
underwood
see
stansbury
california
per
curiam
slip
review
precedent
demonstrated
well
settled
principle
officer
undisclosed
subjective
belief
person
questioned
suspect
irrelevant
objective
custody
determination
pennsylvania
bruder
per
curiam
summary
reversal
appropriate
decision
contrary
rule
berkemer
mccarty
ordinary
traffic
stops
involve
custody
purposes
miranda
thompson
keohane
justice
thomas
chief
justice
joins
dissenting
carl
thompson
murdered
stabbing
times
wrapped
body
chains
bedspread
tossed
corpse
gravel
pit
part
investigation
police
officers
fairbanks
alaska
questioned
thompson
role
murder
thompson
confessed
thompson
repeatedly
told
leave
interview
fact
permitted
leave
close
questioning
believe
alaska
trial
judge
first
decided
question
almost
decade
ago
far
better
position
federal
habeas
determine
whether
thompson
custody
purposes
miranda
arizona
long
judgment
finds
fair
support
record
presume
correct
dissent
determine
whether
person
custody
miranda
must
examine
circumstances
surrounding
interrogation
ultimate
inquiry
simply
whether
formal
arrest
restraint
freedom
movement
degree
associated
formal
arrest
stansbury
california
slip
quoting
california
beheler
per
curiam
quoting
turn
oregon
mathiason
thompson
keohane
per
curiam
relevant
inquiry
reasonable
man
suspect
shoes
understood
situation
slip
quoting
berkemer
mccarty
agree
majority
legal
standard
must
applied
state
trial
judge
making
miranda
custody
inquiry
light
recent
decisions
applying
however
agree
standards
articulated
townsend
sain
overruled
part
keeney
distinguishing
factual
issues
mixed
questions
law
fact
dictate
result
either
way
case
see
wainwright
witt
juror
bias
determination
question
fact
even
though
trial
judge
course
applying
kind
legal
standard
sees
hears
patton
yount
juror
bias
question
fact
although
course
factual
legal
questions
considered
deciding
whether
juror
qualified
miranda
custody
issue
falls
somewhere
pristine
legal
standard
simple
historical
fact
must
decide
matter
sound
administration
justice
judicial
actor
better
positioned
decide
issue
question
miller
fenton
state
trial
judge
estimation
judicial
actor
decide
relatively
straightforward
question
miranda
custody
see
california
beheler
supra
stevens
dissenting
state
courts
far
better
equipped
assess
police
practices
highly
relevant
determination
whether
particular
circumstances
amount
custodial
interrogation
making
custody
determination
state
trial
judge
must
consider
complex
diverse
factors
thompson
keohane
effort
gain
overall
sense
defendant
situation
time
interrogation
factors
include
minimum
location
timing
length
interview
nature
tone
questioning
whether
defendant
came
place
questioning
voluntarily
use
physical
contact
physical
restraint
demeanor
key
players
interview
proceedings
held
assessing
facts
state
trial
judge
often
take
live
testimony
consider
documentary
evidence
listen
audiotapes
watch
videotapes
interrogation
assessments
credibility
demeanor
crucial
ultimate
determination
trial
judge
often
weigh
conflicting
accounts
transpired
trial
judge
also
likely
draw
inferences
similarly
entitled
deference
physical
documentary
evidence
facts
anderson
bessemer
city
miranda
custody
inquiry
thus
often
matter
shades
degrees
withrow
williams
concurring
part
dissenting
part
slip
requires
state
trial
judge
make
number
close
calls
cooter
gell
hartmarx
citation
omitted
majority
quite
right
test
contains
objective
component
reasonable
man
suspect
shoes
understood
situation
stansbury
california
supra
slip
alone
dispositive
whether
determination
reviewed
deferentially
see
cooter
gell
hartmarx
supra
rule
negligence
determinations
involve
objective
tests
subject
deferential
review
line
pure
facts
application
legal
standard
commonsensical
reasonableness
faint
thompson
keohane
one
humphrey
posner
concurring
distorts
reality
say
subtle
factbound
assessments
go
determining
like
suspect
shoes
simply
go
window
comes
time
ultimate
inquiry
ante
reasonable
person
assessed
situation
state
trial
unique
position
observing
defendant
listening
evidence
presented
trial
determine
whether
reasonable
person
defendant
position
felt
free
leave
police
station
purvis
dugger
cert
denied
light
determinations
reasonable
person
test
meaningfully
applied
see
cooter
gell
hartmarx
supra
familiar
issues
litigants
trial
better
situated
appeals
marshal
pertinent
facts
apply
legal
standard
reasons
doubt
state
trier
fact
best
situated
put
suspect
shoes
consequently
better
position
determine
like
reasonable
man
suspect
shoes
federal
habeas
courts
often
reviewing
cold
record
much
decade
initial
determination
inferior
position
make
assessment
though
state
factual
determinations
may
perhaps
reflected
record
many
assessments
comprise
state
trial
judge
ultimate
determination
subtle
difficult
reduce
writing
unlikely
preserved
meaningful
way
review
appeal
state
courts
fully
qualified
identify
constitutional
error
evaluate
prejudicial
effect
brecht
abrahamson
slip
absent
indication
contrary
state
thompson
keohane
courts
presumed
applied
federal
law
faithfully
federal
courts
withrow
williams
supra
scalia
concurring
part
dissenting
part
slip
insult
colleagues
imply
today
state
judges
sufficiently
competent
reliable
make
decision
straightforward
whether
person
custody
purposes
miranda
see
concurring
part
dissenting
part
slip
depend
law
enforcement
officials
administer
miranda
warnings
first
instance
state
courts
provide
remedy
law
enforcement
officers
err
also
see
reason
remand
case
ninth
circuit
analysis
dispute
thompson
came
police
station
voluntarily
dispute
repeatedly
told
leave
police
station
time
also
clear
left
police
station
freely
end
interrogation
california
beheler
per
curiam
held
person
custody
thompson
keohane
suspect
placed
arrest
voluntarily
comes
police
station
allowed
leave
unhindered
police
brief
interview
ibid
oregon
mathiason
per
curiam
found
clear
defendant
miranda
custody
came
voluntarily
police
station
immediately
informed
arrest
close
interview
fact
leave
police
station
without
hindrance
see
also
ibid
requirement
warnings
imposed
simply
questioning
takes
place
station
house
questioned
person
one
police
suspect
thompson
establish
miranda
violation
even
de
novo
review
resolve
question
avoid
putting
state
alaska
uncertainty
expense
defending
sixth
time
nine
years
eminently
reasonable
judgment
secured
confessed
murderer
respectfully
dissent
majority
believes
federal
oversight
state
custody
judgments
necessary
advanc
uniform
outcomes
achieved
reduce
area
uncertainty
ante
uniformity
outcome
virtue
worth
pursuing
generally
determined
line
cases
beginning
teague
lane
plurality
opinion
habeas
uniformity
must
give
way
concerns
comity
finality
see
costs
imposed
upon
state
retroactive
application
new
rules
constitutional
law
habeas
corpus
generally
far
outweigh
benefits
application
quoting
solem
stumes
powell
concurring
judgment
federal
habeas
review
time
constitutional
rules
criminal
procedure
expense
valid
state
convictions
based
reasonable
applications
law
see
butler
mckellar
new
rule
principle
validates
reasonable
interpretations
existing
precedents
made
state
courts
extent
thompson
claim
merit
seems
certain
relief
barred
decision
teague
lane
supra
plurality
opinion
progeny
interests
finality
predictability
comity
underlying
new
rule
jurisprudence
may
undermined
equal
degree
invocation
rule
dictated
precedent
application
old
rule
manner
dictated
precedent
stringer
black
case
clear
granting
relief
sought
create
new
rule
prior
decision
applied
novel
setting
thereby
extending
precedent
ibid
light
beheler
mathiason
state
judgment
least
reasonable
teague
insulates
habeas
review
state
courts
reasonable
interpretations
existing
precedents
wright
west
opinion
thomas
quoting
sawyer
smith
quoting
turn
butler
mckellar
supra
page