Maggitt

Maggitt v. Hamlet

Good Law
164 F. App'x 614
United States Court of Appeals for the Ninth CircuitJanuary 25, 2006No. 04-55268California348 words

Opinion

Lead Opinion

MEMORANDUM *

*615 Cornell Maggitt appeals the district court’s denial of his habeas corpus petition challenging his conviction by no-contest plea for second-degree robbery and his nine-year sentence. Under the provisions of the Antiterrorism and Effective Death Penalty Act, we review de novo the district court’s denial of Maggitt’s petition, see Beardslee v. Woodford, 358 F.3d 560, 568 (9th Cir.2004), and we affirm. Because the parties are familiar with the facts, we do not recite them in detail.

Maggitt contends that the trial court violated his Sixth Amendment rights when it denied his pretrial request for reappointment of counsel following his prior waiver of his right to counsel. To support his argument, Maggitt relies on our decisions in Menefield v. Borg, 881 F.2d 696, 698 (9th Cir.1989), and Robinson v. Ignacio, 360 F.3d 1044, 1061 (9th Cir.2004). Those cases, however, involved the post-trial right to counsel in connection with the preparation of a motion for new trial and a defendant’s request for assistance at sentencing, not the repudiation of a valid waiver one week before the start of trial.

Maggitt’s decision to exercise his right of self-representation was not a…

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