United States Ninth Circuit

The district court's denial of a petition for habeas corpus is reversed and the case remanded, where: 1) the defendant's Sixth Amendment right to counsel was violated when the state trial court denied his timely request for representation for a new trial motion based on the erroneous notion that once waived, the right to counsel cannot be reasserted; and 2) the defendant was not required to prove prejudice, and a harmless error analysis was not required.

Appellate Information

• Decided 05/17/2012
• Published 05/17/2012

Judges

• Zouhary

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Ward, Kevin Vienna