Charles

Charles v. Maass

Good Law
217 F. App'x 710
United States Court of Appeals for the Ninth CircuitJanuary 12, 2007No. 05-36132California515 words

Opinion

Lead Opinion

MEMORANDUM **

Calvin Charles appeals from the district court’s denial of his petition for habeas corpus. We affirm.

*711 We review the denial of a 28 U.S.C. § 2254 habeas petition de novo. Arredondo v. Ortiz, 365 F.3d 778, 781 (9th Cir. 2004). The merits of this petition are viewed in light of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). See Lindh v. Murphy, 521 U.S. 320, 336 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under AEDPA, a habeas petition cannot be granted unless the state court decision (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or (2) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(l)-(2).

Charles argues that he was denied his Sixth Amendment right to counsel because the trial court refused to replace his appointed lawyer. Indigent criminal defendants do not have a Sixth Amendment right to counsel of their choosing, however. Caplin & Drysdale, Chartered v. United States, 491 U.S. 617, 624 , 109 S.Ct. 2646 , 105 L.Ed.2d 528 (1989). In…

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