Hill

(HC) Harrell v. Hill

Good Law
United States District Court, Eastern District of CaliforniaFebruary 4, 20212:20-cv-00060California10,040 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA NEIL HARRELL, No. 2:20-cv-00060 JAM GGH P Petitioner, v. FINDINGS AND RECOMMENDATIONS RICK HILL, Warden, Respondent. 16 17 Introduction and Summary Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302(c). Two issues, which generally involve mixed questions of law and fact, are raised by petitioner in his federal habeas petition: 1. Whether Petitioner Knowingly, Intelligently, and Voluntarily Waived his Constitutional Right to Counsel; and 2. Whether the Trial Court Violated Petitioner’s Sixth Amendment Right to Counsel of Choice. //// In one respect, petitioner takes issue with the governing legal standards contending that Indiana v. Edwards, 554 U.S. 164 (2008), applies to this case. He…

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