Eric Burton v. Matthew Cate

MEMORANDUM

Eric Wilton Burton appeals the district court’s judgment denying his petition for habeas corpus. The district court granted Burton’s application for a certificate of ap-pealability with respect to his two claims that the state trial court violated his right to self-representation under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). We affirm.

Burton has presented at least five distinct Faretta claims. Burton’s federal ha-beas petition asserts that the state trial court violated his Sixth Amendment right to represent himself by failing to rule on (1) his oral Faretta motion on March 16, 2005, and (2) his handwritten Faretta motion on June 1, 2005. On direct appeal before the California Court of Appeal, Burton alleged violations of his right to self-representation based on the trial court’s treatment of (3) his oral Faretta request on March 24, 2005, (4) his oral Faretta request on June 1, 2005, and (5) his written Faretta request filed on July 7, 2005. In a reasoned opinion, the California Court of Appeal rejected Burton’s contentions. Notably, Burton did not mention on direct appeal either of the two claims that have been certified for…