Bobby R. Savage v. Wayne Estelle, Warden

In this case of first impression, we are called upon to determine whether a trial court may deny a criminal defendant’s right to represent himself at trial where the defendant’s severe speech impediment renders him unable to articulate his own defense. The state trial judge imposed restrictions on defendant’s courtroom conduct which amounted to an effective denial of his right to proceed pro se. We conclude that under the controlling Supreme Court precedent the action was not error and therefore affirm the district court’s denial of a petition for a writ of habeas corpus.

I

On August 14, 1980, Bobby Ray Savage (“Savage” or “appellant”) threw acid in the face of a woman he had been hired to “beat up.” The victim died ten days later as a result of the attack. Following Savage’s arrest, an appointed counsel represented him at both his preliminary hearing and subsequent arraignment in California state court where he pleaded not guilty to charges of first-degree murder, mayhem, assault with a caustic substance, and conspiracy to commit these offenses.

Citing a conflict of interest with his court-appointed attorney, Savage filed pro se motions for substitution of himself as counsel…