Frank Lee South, Jr., A/K/A Storm Michael Bailey v. Manfred Maass, Superintendent, Oregon State Penitentiary

958 F.2d 378 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank Lee SOUTH, Jr., a/k/a Storm Michael Bailey, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 90-35647. United States Court of Appeals, Ninth Circuit. Submitted March 13, 1992. * Decided March 18, 1992. Before JAMES R. BROWNING, POOLE and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Frank Lee South, Jr., an Oregon state prisoner, appeals pro se the denial without an evidentiary hearing of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury convictions for robbery and attempted burglary. South claims that the state trial court denied him his sixth amendment right to counsel by denying his motion for appointment of substitute counsel and thereby forcing him to represent himself at trial. We have jurisdiction under 28 U.S.C. § 2253 , and we reverse. 3 State court fact findings are entitled to a presumption of correctness; state…