Writ of Habeas Corpus; Miranda Waivers; Incomplete Admonishments; Confessions & Involuntariness of ...

Writ of Habeas Corpus Procedure per 28 U.S.C. § 2254(d)

Miranda Waivers; Incomplete Admonishments

Confessions and Involuntariness

Federal habeas corpus relief is available only when the federal court finds that a state court’s rulings were either (1) contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States, or (2) they were based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. A Miranda admonishment may be upheld despite an interrogator’s failure to include the fact that the suspect is entitled to the assistance of an attorney during the interrogation, depending upon the circumstances.  An involuntary or coerced confession violates a defendant's right to due process under the Fourteenth Amendment and is inadmissible at trial.  A confession is involuntary whenever the defendant’s will was overborne.  Voluntariness is determined by considering the totality of all the surrounding circumstances; both the characteristics of the accused and the details of the interrogation. 

Defendant Alexander Balbuena, age 16, was a member of the Richmond Sur Trece (“RST”) criminal street gang.  RST was having problems with the notorious MS 13 street gang.  On January 16, 2006, MS 13 gang members shot and killed an RST gangster by the name of Luis Ochoa, also known as “Gizmo.” Defendant and ....