Richard McCarty v. Captain Herdman

BOYCE F. MARTIN, Jr., Circuit Judge.

This appeal presents the sole issue of whether law enforcement officers must give “Miranda warnings” to individuals in custody for misdemeanor traffic offenses. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).

Richard McCarty appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petitioner was convicted of operating a motor vehicle while under the influence of alcohol and/or drugs in violation of Ohio Revised Code § 4511.19, a first degree misdemeanor. Evidence supporting his conviction…