Gregory Colbert v. Michael Martel

MEMORANDUM

Petitioner Gregory Colbert appeals from the district court judgment denying his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Colbert challenges his California convictions for first-degree murder and possession of a firearm by a felon, arguing that he was denied his constitutional right to self-representation. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and, under de novo review, we affirm.

We must deny Colbert’s habeas petition unless the decision of the California Court of Appeal “(1) ... was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) ... was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d). Colbert asserts at the outset that the only-issue in this case is whether the state court decision was based on an unreasonable determination of the facts under Section 2254(d)(2), but several of his specific arguments attack the legal approach used by the California Court of Appeal, which we must analyze under Section 2254(d)(1). Regardless, Colbert’s…