Jones v. Harrington, No. 13-56360 [July 22, 2016]
After hours of questioning Jones finally told officers “I don’t want to talk no more” but the officer continued on eventually obtain incriminating statements. The California Court of Appeal held that Jones did not unambiguously invoke his right to remain silent and no suppression was warranted, mainly because Jones continued talking. The Court found this was contrary to clearly established Supreme Court case law and was based on an unreasonable determination of the facts finding that “[o]nce Jones said he wished to remain silent, even on question was one question too many.” Because the statements were pivotal in the trial the err was not harmless and they order the district court to grant the writ.