Opinion of the Court — Aguirre v. Kelly

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Type: Opinion of the Court
Filed: March 12, 2002
Case: Aguirre v. Kelly
Case status: Decided

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Opening text

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SUMMARY ORDER ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be and it hereby is AFFIRMED. Petitioner Hector Aguirre appeals from the January 10, 2001 judgment of the district court denying his habeas corpus petition brought pursuant to 28 U.S.C. § 2254 . Aguirre seeks to vacate his 1995 state conviction for the murder of Jacqueline Holman. He argues that the state courts abridged his right to remain silent by failing to suppress the confession he gave to a police detective after repeatedly stating that he could not talk about “Jackie” because he had Chirvonne — his girlfriend whom he had stabbed in an unrelated incident — on his mind. Aguirre confessed to the murder of Jackie Holman while in police custody after he had been properly read his Miranda warning. Under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), to obtain a writ of habeas corpus Aguirre must show that the state court’s rejection of his claim “was contrary to, or involved an unreasonable application of’ clearly established Supreme Court precedent, 28 U.S.C. § 2254 (d)(1), or “resulted in a decision that was based on an unreasonable determinat…

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