Tremain Campbell v. Tim Virga

MEMORANDUM

Warden Virga appeals the judgment of the district court granting a writ of habeas corpus for petitioner Tremain Dion Campbell. We reverse.

Campbell contends that AEDPA deference should not apply here and that we should review de novo because the last reasoned decision by the California Supreme Court, rejecting his petition for relief, was not a decision on the merits. It, rather, was based on a procedural failure that the warden has not cited and has thus waived in this federal proceeding. The warden disagrees. We need not resolve that issue as Campbell’s claim fails even under de novo review.

When a defendant seeks to represent himself at trial, he must “knowingly and intelligently” waive the right to counsel, aware “of the dangers and disadvantages of self-representation.” Faretta v. California, 422 U.S. 806, 885 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). A trial court need not follow an exact script, but the defendant must be informed of “ ‘1) the nature of the charges against him, 2) the possible penalties, and 3) the dangers and disadvantages of self-representation.’ ” United States v. Hantzis, 625 F.3d 575, 579-80 (9th Cir.2010) (quoting United States v. Erskine,…