Carpenter

Terance Carpenter was convicted of five counts relating to child pornography. He appeals on two grounds.

1. At Carpenter’s trial, the prosecution rested its case-in-chief, and a discussion ensued among Carpenter, his lawyer and the trial judge about whether Carpenter would testify. Carpenter and his lawyer spoke privately, then returned to the courtroom. The judge asked for Carpenter’s decision about testifying, to which Carpenter’s lawyer replied: “Your Honor, Mr. Carpenter tells me he wants to represent himself.” Carpenter argues the district court erred in not holding a hearing on whether Carpenter made a knowing, voluntary and intelligent request for self-representation under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975).

To invoke his right to self-representation, a criminal defendant must assert that right in a manner that’s “timely, not for purposes of delay, unequivocal, voluntary, [and] intelligent.” United States v. Maness, 566 F.3d 894, 896 (9th Cir.2009). Carpenter’s request, to the extent his counsel’s statement indicated a request, was both untimely and equivocal.

“A demand for self-representation is timely if made before…