John Walter Carroll v. A.A. Gomez

979 F.2d 854 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Walter CARROLL, Petitioner-Appellant, v. A.A. GOMEZ, Respondent-Appellee. No. 91-55811. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1992. * Decided Nov. 19, 1992. Before WILLIAM A. NORRIS, REINHARDT and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Carroll raises the following issues in his petition for habeas corpus: 1) he was denied a speedy trial, 2) he was denied effective assistance of counsel, and 3) he was denied the right to represent himself at trial. We find the claims meritless and dismiss the petition. 3 Carroll's speedy trial claim is based upon the five and one-half month delay between the United States Supreme Court denial of his petition for certiorari (Oct. 3, 1983) and the commencement of his second trial (March 13, 1984). However, to even trigger a speedy trial analysis Carroll must establish that the delay was "presumptively prejudicial." The five and one half month delay…