What is the state of the law on Miranda rights in a habeas hearing in a criminal case?

MultiRegion, United States of America

The following excerpt is from Tekoh v. Cnty. of L. A., 997 F.3d 1260 (Mem) (9th Cir. 2021):

If further proof were needed, we supply it every time we review a Miranda claim in a habeas challenge to a state conviction. See Withrow v. Williams , 507 U.S. 680, 113 S.Ct. 1745, 123 L.Ed.2d 407 (1993). In language strikingly similar to that of section 1983, the habeas statute makes relief available to state prisoners only if they are in custody "in violation of the Constitution or laws or treaties of the United States." 28 U.S.C. 2254(a). No one thinks Miranda comes from a treaty, so a Miranda violation must be a "violation of the Constitution or laws." The Miranda right, therefore, must be one of those rights "secured by the Constitution and laws." 42 U.S.C. 1983.

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