Abraham

Abraham v. McDaniel

Good Law
188 F. App'x 562
United States Court of Appeals for the Ninth CircuitJune 26, 2006No. 05-16442California298 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Samuel Eugene Abraham was convicted in Nevada of one count of first- *563 degree kidnapping with use of a deadly weapon and six counts of sexual assault with use of a deadly weapon. We review de novo the district court’s denial of his petition for a writ of habeas corpus. Wade v. Terhune, 202 F.3d 1190, 1194 (9th Cir.2000). We may not grant the writ unless the state court made a decision that was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d).

Petitioner claims that the state court denied him the constitutional right to self-representation, in violation of Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). But his first unequivocal request to represent himself was heard by the court five days before trial, and it was accompanied by a request for a three-month continuance. The Nevada Supreme Court’s decision that Petitioner’s request was untimely and was intended to cause delay was neither unreasonable nor contrary to federal law. See Hirschfield v. Payne, 420 F.3d 922, 926 (9th Cir.2005) (holding that…

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