Wilson v. Yarborough
Wilson v. Yarborough
Opinion of the Court
MEMORANDUM
Damon Wilson appeals the district court’s denial of his petition for habeas corpus. See 28 U.S.C. § 2254. We affirm.
We apply the strictures set forth in 28 U.S.C. § 2254(d) & (e) when we consider Wilson’s claims. That means that relief could only be granted if Wilson were able to show that the decisions of the state courts were either contrary to or an unreasonable application of federal law as declared by the Supreme Court; or based on an unreasonable determination of the facts. See id.; Price v. Vincent, 538 U.S. 634, 123 S.Ct. 1848, 1852-53, 155 L.Ed.2d 877 (2003); Lockyer v. Andrade, 538 U.S. 63, 73-75, 123 S.Ct. 1166, 1173-75, 155 L.Ed.2d 144 (2003); Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 1523, 146 L.Ed.2d 389 (2000).
(1) Wilson asserts that he was improperly denied a substitution of counsel because he demonstrated that his relationship with his trial counsel had broken down. No doubt the relationship was not ideal, but that is not the standard. See Morris v. Slappy, 461 U.S. 1, 13-14, 103 S.Ct. 1610, 1617, 75 L.Ed.2d 610 (1983). As it is, although Wilson did make a timely
(2) Wilson also complains that the state courts failed to respect his request for self-representation. We recognize that when a defendant, without the purpose of delay, makes a timely, competent, unequivocal, knowing, and intelligent request for self-representation, he is entitled to it. See Godinez v. Moran, 509 U.S. 389, 400-02, 113 S.Ct. 2680, 2687-88, 125 L.Ed.2d 321 (1993); Faretta v. California, 422 U.S. 806, 835-36, 95 S.Ct. 2525, 2541, 45 L.Ed.2d 562 (1975); United States v. Erskine, 355 F.3d 1161, 1167 (9th Cir. 2004); United States v. Arlt, 41 F.3d 516, 518-19 (9th Cir. 1994). For habeas corpus purposes, we cannot say that the state courts unreasonably determined that Wilson’s first request was equivocal
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. In fact, Wilson does not even point to defects in counsel’s presentation of the case.
. See, e.g., Jackson v. Ylst, 921 F.2d 882, 888-89 (9th Cir. 1990).
. It was after jury selection began but before the jury was empaneled. That was just barely timely under Ninth Circuit law. See United States v. Bishop, 291 F.3d 1100, 1114 (9th Cir. 2002); Moore v. Calderon, 108 F.3d 261, 264 (9th Cir. 1997), abrogated on other grounds by Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). However, the state courts' view of untimeliness is not an unreasonable reading of Faretta.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.