Phillips

Phillips v. Henry

Good Law
130 F. App'x 160
United States Court of Appeals for the Ninth CircuitMay 4, 2005No. 03-56648; D.C. No. CV-02-00406-AHSCalifornia699 words

Opinion

Lead Opinion

MEMORANDUM *

Barbara Lynn Phillips appeals the district court’s denial of her 28 U.S.C. § 2254 petition, in which she alleged a violation of her right to self-representation under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). Phillips contends that the California Court of Appeal’s decision that the trial court did not err in denying her request for self-representation on the grounds that it was equivocal under the circumstances was contrary to Faretta . Because we hold, under AEDPA’s standard, that the state court’s decision was not an unreasonable interpretation of clearly established federal law, we affirm. 28 U.S.C. § 2254 (d); see also Williams v. Taylor, 529 U.S. 362, 381-82 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

Phillips moved to represent herself at a pretrial hearing on September 11, 1998. At that time, she was provided with a “Petition to Proceed in Propria Persona” form. Before signing the form, Phillips asked the court about the part of the form stating that she would be proceeding without counsel. She explained that she would need some sort of assistance since she was in custody. The trial judge told Phillips that when a person…

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