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The Buddhist Temple Massacre Case

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The Ninth Circuit has granted the state's petition for rehearing en banc in the case of the 1991 massacre at a Thai Buddhist Temple near Phoenix. The case is Doody v. Schriro, No. 06-17161. Arizona-based Circuit Judges Hawkins and Silverman are recused. That is unfortunate, as they are two of the more level heads on a court with a deficit of levelheadedness. The panel opinion reached the unusual conclusion that the defendant had no Miranda claim yet did have a meritorious voluntariness claim. The state appellate opinion is State v. Doody, 930 P.2d 440 (Ariz. Ct. App. 1996). The case is not capital. The perp was 17 at the time of the crime.

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Where was the AEDPA analysis for the voluntariness inquiry? Obviously, Doody has a colorable claim, but were Arizona courts unreasonable?

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