Domonic Malone v. Brian Williams

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DOMONIC RONALDO MALONE, No. 22-16671

Petitioner-Appellee, D.C. No. 2:18-cv-01146- v. RFB-NJK

BRIAN WILLIAMS, Warden;

ATTORNEY GENERAL FOR THE ORDER

STATE OF NEVADA,

Respondents-Appellants.

Filed August 15, 2024

Before: Johnnie B. Rawlinson and John B. Owens, Circuit Judges, and Dean D. Pregerson, * District Judge.

Order; Statement by Judge Bybee; Statement by Judge Pregerson

* The Honorable Dean D. Pregerson, United States District Judge for the Central District of California, sitting by designation. SUMMARY **

Habeas Corpus

The panel filed an order denying a petition for rehearing en banc from a memorandum disposition affirming the district court’s grant of habeas relief under 28 U.S.C. § 2254 on the ground that the Nevada Supreme Court’s determination that Dominic Ronaldo Malone’s waiver of the right to self-representation was equivocal was based on an unreasonable determination of the facts. In a statement respecting the denial of rehearing en banc, Judge…