Sixth Circuit: Samantha Bachynski v. Anthony Stewart

Habeas - Miranda.

After post-Miranda invocation of right to counsel, neither the return of detectives to the cell with a phone book and a cell phone nor subsequent re-Mirandizing constitutes interrogation or badgering.

A lower court's citation of a case that rebuts a deft's claim of law based on an asserted factual circumstance does not operate as a finding of that factual circumstance.

Deft's allegations of minatory statements made by the detectives on their return insufficient to violate clearly established constitutional law on Miranda warnings.

Also harmless error, given the other evidence.

http://www.ca6.uscourts.gov/opinions.pdf/15a0300p-06.pdf