Thomas Kemp v. Dora Schriro, No. 08-99030 (9th Cir. 2011)
Annotate this CaseDefendant appealed the district court's denial of his habeas corpus petition seeking relief from his state conviction for felony first-degree murder, armed robbery and kidnapping, and from his capital sentence. At issue was whether defendant's conviction and sentence was a reasonable application of clearly established federal law or a reasonable determination of the facts under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDA"), 28 U.S.C. 2254. The court affirmed the denial of defendant's habeas petition and held that defendant failed to show that he was entitled to relief on his appeal when his petition was filed after the effective date of the AEDPA, he failed to show that the Arizona Supreme Court acted unreasonably in rejecting his arguments that admission of his incriminating statements to correctional officers violated his rights under Miranda v. Arizona and Massiah v. United States; he failed to show that the district court abused its discretion in denying his request for discovery and an evidentiary hearing where he did not establish "specific facts which, if true, would entitle him to relief;" and where the incriminating statements were admissible and the evidence presented provided a sufficient basis for the imposition of a capital sentence.
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