Jovan'z Smith v. Ken Clark

*992CALLAHAN, Circuit Judge, and M. SMITH, Circuit Judge,

concurring in the denial of rehearing en banc:

With all due respect to our dissenting colleague, we disagree with his characterization of the state appellate court’s decision, description of the circumstances surrounding Jovan’z Smith’s interview, and legal conclusions. Out of fairness to all concerned, including the California jurists who reviewed Smith’s case on appeal, we offer this concurrence in response to his dissent.

I

In this case, the Miranda inquiry arises within the context of habeas review under the Antiterrorism and Effective…