Federal 7th Circuit Court
Criminal Court
Evidence
Dist. Ct. did not err in denying defendant's habeas petition alleging that police had violated his Miranda rights by obtaining his confession after he had invoked right to counsel. While defendant asserted that he had invoked his right to counsel several times over 17-hour period prior to giving his confession, state court could properly credit police officials' testimonies that defendant never invoked right to counsel prior to giving confession. Moreover, record otherwise established that state court recognized correct legal standard when weighing all relevant factors in reasonable fashion. Fact that defendant submitted new affidavits in his state petition for post-conviction relief did not require finding that state court erred in making its original credibility determination, and defendant otherwise waived said issue by presenting affidavits in support of his ineffective assistance of counsel claim, rather than instant Miranda claim.