Rodriguez

Rodriguez v. Castro

Good Law
116 F. App'x 865
United States Court of Appeals for the Ninth CircuitNovember 17, 2004No. 04-15060California1,151 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner-Appellant Joseph Delfín Rodriguez appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Rodriguez argues that he was denied his right to self-representation in violation of Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), and that the district court therefore erred in denying his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. Because the parties are familiar with the facts and procedural history, we do not recite them in detail here.

We review a district court’s decision to deny a petition for a writ of habeas corpus de novo and its findings of fact for clear error. Robinson v. Ignacio, 360 F.3d 1044, 1055 (9th Cir.2004). Further, because Rodriguez filed his petition for a writ of habeas corpus after the Anti-Terrorism and Effective Death Penalty Act’s (“AEDPA”) effective date of April 24, 1996, its provisions apply. Pursuant to AEDPA, a petition for a writ of habeas corpus shall not be granted unless the state court’s decision on the issue in question was based on “an unreasonable determination of the facts…

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