Trahan
Trahan v. Calderon
Opinion
Lead Opinion
*477 MEMORANDUM **
Joseph Trahan (“Trahan”), an inmate in the California Department of Corrections, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. In his petition, Trahan claimed that the trial court denied him his Sixth Amendment right to represent himself pursuant to Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). On appeal, Trahan argues that the California Court of Appeal’s decision that his request for self-representation made just before jury selection was untimely was an unreasonable application of Faretta and an unreasonable determination of the facts that would entitle him to relief under § 2254(d)(1) and (2).
The Sixth Amendment right to counsel impliedly includes a right of self-representation, but that right is not absolute. Faretta, 422 U.S. at 832 , 95 S.Ct. 2525 ; Stenson v. Lambert, 504 F.3d 873, 884 (9th Cir.2007). “Because the Supreme Court has not clearly established when a Faretta request is untimely, other courts are free to do so as long as their standards comport with the Supreme Court’s holding that a request “weeks before trial’ is timely.” Marshall v. Taylor, 395 F.3d 1058, 1061 (9th…