Lewis Donald Fritz v. James Spalding

On the morning of his state court trial, petitioner Fritz made a motion to defend pro se. The trial court denied the motion and the Washington Court of Appeals affirmed on the previously unconsidered ground that the motion was a tactic to delay the start of trial. The United States District Court denied Fritz’s petition for a writ of habeas corpus on the ground that his motion to defend pro se was untimely. We reverse and remand for an evidentiary hearing.

I

In April 1975, Fritz was charged by the state of Washington with armed robbery. He jumped bail, but was rearrested in Florida and extradited to Washington in October 1976. He was scheduled to stand trial in December 1976.

Four days before the scheduled trial, Fritz’s attorney moved to withdraw as counsel, explaining that he and Fritz could not agree on a defense strategy. The trial court granted the motion and appointed a public defender (Olson). Trial was rescheduled for February 2, 1977.

Thirty days before the February trial, Fritz moved to represent himself, asserting that Olson had not begun to prepare a defense. Olson and Fritz then met, and Fritz withdrew the motion.

On the morning of the afternoon trial, Olson…