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Name: Alvarado v. Hickman
Case #: 00-56770
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/18/2002
Subsequent History: 2/11/03: opn. amended & rehrg den.; cert. petn. filed 5/12/03

Appellant was convicted of second degree murder and attempted robbery, based primarily on statements he made during a two-hour interrogation when he was 17 years old. Appellant challenged the statements on Miranda grounds in a petition for writ of habeas corpus. The Ninth Circuit here held that the California Court of Appeal (and the district court on the initial habeas review) failed to address how appellant’s juvenile status, including the absence of his parents at the police department’s request, affected the “in custody” determination. Appellant’s youth and inexperience cannot be ignored, and the consideration of this factor could compel a different outcome. Therefore, the order denying the petition was reversed.