Thompson v. Keohane, 516 U.S. 99, 22 (1995)

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Cite as: 516 U. S. 99 (1995)

Thomas, J., dissenting

station, . . . was immediately informed that he was not under arrest," and "[a]t the close of a 1/2-hour interview . . . did in fact leave the police station without hindrance." Id., at 495; see also ibid. ("Nor is the requirement of warnings to be imposed simply because the questioning takes place in the station house, or because the questioned person is one whom the police suspect"). Because Thompson cannot establish a Miranda violation even under de novo review, I would resolve that question now, and avoid putting the State of Alaska to the uncertainty and expense of defending for the sixth time in nine years an eminently reasonable judgment secured against a confessed murderer.2

I respectfully dissent.

2 To the extent Thompson's claim has any merit at all, it seems certain that relief is barred by our decision in Teague v. Lane, supra, at 301, 310 (plurality opinion), and its progeny. "The interests in finality, predictability, and comity underlying our new rule jurisprudence may be undermined to an equal degree by the invocation of a rule that was not dictated by precedent as by the application of an old rule in a manner that was not dictated by precedent." Stringer v. Black, 503 U. S. 222, 228 (1992). In this case, it is clear that "granting the relief sought would create a new rule because the prior decision is applied in a novel setting, thereby extending the precedent." Ibid. In light of Beheler and Mathiason, the State's judgment was, at the very least, reasonable. And "Teague insulates on habeas review the state courts' ' "reasonable, good-faith interpretations of existing precedents." ' " Wright v. West, 505 U. S. 277, 292, n. 8 (1992) (opinion of Thomas, J.) (quoting Sawyer v. Smith, 497 U. S. 227, 234 (1990), quoting in turn Butler v. McKellar, supra, at 414).

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