Walker
Walker v. Montgomery
Opinion
Opinion
facts, we do not recount them here. We affirm.
The California Court of Appeal’s (“CCA”) denial of Walker’s Faretta
request was neither “contrary to, [n]or involved an unreasonable application of,
clearly established Federal law, as determined by the Supreme Court of the United
States.” 28 U.S.C. § 2254(d)(1). The Supreme Court in Faretta v. California, 422
U.S. 806, 835 (1975), clearly established that a self-representation request made
“weeks before trial” is timely. See Burton v. Davis, 816 F.3d 1132, 1141 (9th Cir.
2016) (quoting Faretta, 422 U.S. at 835–36); Marshall v. Taylor, 395 F.3d 1058,
1061 (9th Cir. 2005). But the CCA’s determination that Walker’s Faretta
request—made fifteen days before trial—was untimely does not meet the
requirements of § 2254(d)(1).
A state court decision is “contrary to” clearly established law if the state
court applies a rule that contradicts controlling Supreme Court authority or “if the
state court confronts a set of facts that are materially indistinguishable from a
decision” of the Supreme Court but nevertheless arrives at a different result.
Williams v. Taylor, 529 U.S. 362, 406 (2000). The CCA did not apply a…