United States Ninth Circuit

Denial of a habeas corpus petition from convictions for the aggravated murder of petitioner's father and stepbrother is affirmed over claims that: 1) petitioner's Fifth Amendment due process rights were violated when a trial court judge required him to wear a security leg brace before the jury, denied his motion to exclude witnesses from the courtroom, allowed the admission of evidence relating to his past criminal history, and exhibited judicial bias; and 2) his Sixth Amendment right to counsel was violated when the trial court judge refused to appoint him substitute counsel.

Appellate Information

• Argued 11/08/2007
• Decided 02/13/2008
• Published 02/13/2008

Judges

• FISHER, Circuit Judge:, Before:  RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and JUDITH M. BARZILAY, Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lewis E. Larson, pro se;  Nell I. Brown (argued), Assistant Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, Kaye E. McDonald (argued), Senior Assistant Attorney General, Office of the Oregon Attorney General, Salem, OR, for the respondent-appellee.