Jonathan Ervin v. Michael Bowersox

WOLLMAN, Circuit Judge.

Jonathan T. Ervin was convicted of statutory sodomy and sentenced to 30 years' imprisonment. He appeals the district court's 1 denial of his petition for habeas corpus under 28 U.S.C. § 2254 (d), arguing that his Fifth Amendment right against self-incrimination was violated when the state trial court admitted into evidence a video of him invoking his post- Miranda right to silence. We affirm.

I. Background

In June 2010, Ervin was sixteen and living at the home of his grandfather. On June 4, 2010, Ervin's half-brothers, five-year-old T.L.E. and twenty-month-old J.M.E.,…