Cook v. Kernan, 17-17257
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | CALLAHAN, Circuit Judge |
| Citation | 948 F.3d 952 |
| Parties | Walter Joseph COOK III, Petitioner-Appellant, v. Scott KERNAN, Respondent-Appellee. |
| Docket Number | No. 17-17257,17-17257 |
| Decision Date | 21 January 2020 |
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16 cases
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Balbuena v. Sullivan, 12-16414
...2140. The "totality of the circumstances" test is a general standard requiring "even greater deference under AEDPA." Cook v. Kernan , 948 F.3d 952, 968 (9th Cir. 2020).To be sure, Balbuena's youth and lack of experience with law enforcement, the time of the interview, the location of the in......
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Balbuena v. Sullivan, 12-16414
...2140. The "totality of the circumstances" test is a general standard requiring "even greater deference under AEDPA." Cook v. Kernan , 948 F.3d 952, 968 (9th Cir. 2020).To be sure, Balbuena's youth and lack of experience with law enforcement, the time of the interview, the location of the in......
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Ochoa v. Davis, 16-99008
...citation omitted)."The ‘contrary to’ and ‘unreasonable application’ clauses of § 2254(d)(1) have independent meaning." Cook v. Kernan , 948 F.3d 952, 965 (9th Cir. 2020). A state court's decision is "contrary to" clearly established federal law if it fails to apply controlling authority, "a......
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Reno v. Davis, 17-99004
...U.S. 157, 167 (1986). "Whether a confession is involuntary must be analyzed within the 'totality of [the] circumstances.'" Cook v. Kernan, 948 F.3d 952, 968 (9th Cir. 2020) (alteration in original) (quoting Withrow v. Williams, 507 U.S. 680, 693 (1993)). "The factors to be considered includ......
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