Lentz v. Kennedy

Dist. Ct. did not err in denying defendant’s habeas petition that challenged her murder conviction on grounds that her inculpatory pre-trial statements were admitted into evidence in violation of her Fifth Amendment rights because they were taken during late-night interrogation at police station under circumstances where she was in custody and during time when she had not been given Miranda warnings. State court could properly find that prior to giving defendant Miranda warnings, defendant was not in custody, where: (1) defendant had readily agreed to come to police station with her daughter to answer questions about victim; (2) defendant continued to answer questions up to time of her confession; and (3) state court thoroughly considered factors contained in Howes, 565 U.S. 499, in finding that defendant was not in custody. Fact that defendant disagreed with court’s balancing of factors did not require that Dist. Ct. reweigh factors as de novo matter. Also, state court could properly find that defendant’s statements were voluntary, even though defendant argued that police improperly used her concern for welfare of her daughter as interrogation tactic as means to coerce her confession, where, although police mentioned daughter, no officer suggested up to time defendant confessed to murder that police would take her daughter away from her unless she confessed.