Caviness

MEMORANDUM ***

Donald L. Caviness (“Caviness”) was convicted on six counts of second-degree robbery under California law and was sentenced to 160 years to life in prison. The state courts affirmed his conviction and sentence on direct appeal and denied his petition for habeas corpus. Caviness here appeals from the district court’s denial of his petition for habeas corpus. We AFFIRM.

Caviness first argues that his Sixth Amendment right to self-representation under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), was violated. The record supports the state habeas court’s conclusion that Caviness’s request to proceed pro se was equivocal, see id. at 835 , 95 S.Ct. 2525 , because it was made as an “impulsive response” to the denial of his motion for substituted counsel, see Jackson v. Ylst, 921 F.2d 882, 888 *457 (9th Cir.1990). The state court’s decision on this issue was not “contrary to, [n]or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254 (d)(1). 1 The district court properly denied relief.

Caviness also argues that his right to be tried by an impartial jury, see Irvin…