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Perez v. Pima County Superior

Citation: 50 F. App'x 368Docket: No. 01-17272; D.C. No. CV-99-522-TUC-WDB

Court: Court of Appeals for the Ninth Circuit; November 5, 2002; Federal Appellate Court

Narrative Opinion Summary

The case involves the appeal of a habeas corpus petition by a petitioner convicted of aggravated DUI in Arizona. The petitioner contended that his Sixth Amendment right to counsel was violated when he was not allowed to have his attorney present during a sobriety test following a traffic stop. The district court, applying a de novo review under the Antiterrorism and Effective Death Penalty Act (AEDPA), found that the state court’s decision did not contradict federal law. The court noted that the right to counsel attaches only after formal charges are filed or when law enforcement actions shift from investigation to accusation, neither of which occurred at the time of the sobriety test. The Arizona courts, consistent with federal law, determined that the right to counsel does not apply at the investigatory stage of sobriety testing. Additionally, although Arizona Rule of Criminal Procedure 6.1 allows for broader rights to counsel, it was not applicable as it would have unduly delayed the investigation. The appellate court affirmed the denial of the habeas corpus petition, and the petitioner's additional claims were not considered due to jurisdictional limits on the certificate of appealability, which was confined to the Sixth Amendment issue.

Legal Issues Addressed

Arizona Rule of Criminal Procedure 6.1

Application: Arizona provides broader protection under Rule 6.1, allowing a reasonable opportunity to consult with counsel before a blood test unless it causes undue delay, although this was not applicable in this case.

Reasoning: The Arizona Supreme Court, in Kunzler v. Pima County Superior Court, recognized that due process grants a criminal suspect a reasonable opportunity to consult with counsel before a blood test, provided it does not unduly delay the investigation.

Federal Habeas Corpus Review Standard

Application: The district court reviewed the habeas corpus petition de novo under AEDPA, finding no contradiction with federal law in the state court's decision.

Reasoning: The district court, reviewing the case de novo under the Antiterrorism and Effective Death Penalty Act (AEDPA), concluded that the state court's decision was not contrary to federal law.

Presumption of Correctness of State Court Findings

Application: The court upheld the state court's factual findings as correct, placing the burden on the petitioner to provide clear evidence to the contrary.

Reasoning: The court upheld the presumption of correctness regarding state court factual findings, placing the burden on Perez to provide clear evidence to the contrary.

Sixth Amendment Right to Counsel

Application: The court ruled that the Sixth Amendment right to counsel does not attach prior to a sobriety test since it is considered an investigatory procedure, not accusatory.

Reasoning: The Arizona Court of Appeals determined that defendants are not entitled to counsel prior to sobriety tests, a conclusion consistent with federal law, which states that the right to counsel attaches only upon formal charges or when the role of law enforcement shifts from investigation to accusation.