United States Ninth Circuit

Denial, on the merits, of a claim of invalid waiver of the right to counsel and dismissal as unexhausted of a claim of denial of the use of compulsory process, is affirmed, where: 1) it was not unreasonable for the Nevada Supreme Court to conclude that petitioner waived his right to counsel knowingly and intelligently; 2) petitioner's claim that his waiver of counsel was involuntary fails for lack of proof as he has not established that he was required to choose between inadequate counsel and self-representation; and 3) petitioner's compulsory-process claim was properly dismissed as unexhausted as petitioner argued and cited Nevada state law alone instead of federal law.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel