Rick Cradduck v. Rick Coursey

MEMORANDUM

Petitioner Rick Francis Cradduck appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C § 2254. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

1. The state trial court did not err in accepting Cradduck’s pre-trial waiver of his right to counsel. The trial court fully informed Cradduck of the nature of the charges against him, the possible penalties he faced, and the dangers and disadvantages of self-representation. Despite the trial court’s emphatic recommendation to retain counsel, Cradduck insisted on proceeding pro se. The trial court’s conclusion that Cradduck’s waiver was knowing and intelligent was not contrary to, or an unreasonable application of, clearly established federal law; nor was it based on an unreasonable determination of the facts. 28 U.S.C. § 2254 (d); see Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (holding that waiver was valid where defendant unequivocally declared his desire to waive his right to counsel, and the record indicated that defendant was literate, understanding, and “voluntarily exercising his informed free will”).

2. Cradduck’s claim that the…