Antonio Darnell Robinson v. John Ignacio, Warden

This case requires us to consider (1) whether the application of a Nevada state procedural default bar also serves under the adequate and independent state ground doctrine to preclude our consideration in a federal habeas proceeding of an alleged Sixth Amendment violation, and (2) whether it is a violation of “clearly established federal law” for a trial court to deny a defendant’s request for counsel at sentencing simply because of his prior waiver of the right to counsel at trial.

Nevada state prisoner Antonio Darnell Robinson appeals the District Court’s denial of his 28 U.S.C. § 2254 petition, in which he challenges the state sentencing proceedings that adjudicated him a habitual criminal and sentenced him to life without parole. Robinson argues that the state trial court violated his Sixth Amendment right to counsel when the court denied his timely request to be represented during sentencing. Before we reach this issue, we must determine whether Nevada Revised Statute (NRS) § 34.810(l)(b)(2) procedurally bars Robinson from asserting his Sixth Amendment claim in this § 2254 petition. Because we believe that the claim is not barred, and because we hold that under clearly…