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Hicks v. Palmer

Citation: 27 F. App'x 756Docket: No. 00-17064; D.C. No. CV-98-04574-CAL

Court: Court of Appeals for the Ninth Circuit; October 23, 2001; Federal Appellate Court

Narrative Opinion Summary

In this case, a California state prisoner, Michael James Hicks, appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254 by a district court. The court affirms the denial, maintaining jurisdiction under 28 U.S.C. § 2253. The central legal issue is whether Hicks's Sixth Amendment right to effective assistance of counsel was violated when the trial court refused his mid-trial request for counsel. The court concludes that the state court's determination was neither contrary to nor an unreasonable application of federal law, referencing the standards set by the Antiterrorism and Effective Death Penalty Act (AEDPA). It was established that Hicks was thoroughly informed of the consequences of waiving his right to counsel, actively discouraged from self-representation, and cautioned about the inability to request counsel during the trial. The waiver was found to be knowing and intelligent, consistent with the precedent in Faretta v. California. As such, the district court's decision to deny the petition is upheld, with the ruling not intended for publication or citation except under Ninth Circuit Rule 36-3.

Legal Issues Addressed

Habeas Corpus Petition Denial under 28 U.S.C. § 2254

Application: The district court's denial of the habeas corpus petition is affirmed, with jurisdiction under 28 U.S.C. § 2253.

Reasoning: Michael James Hicks, a California state prisoner, appeals the district court's denial of his habeas corpus petition under 28 U.S.C. § 2254. The court affirms the denial, asserting it has jurisdiction under 28 U.S.C. § 2253.

Sixth Amendment Right to Effective Assistance of Counsel

Application: The court finds no violation of the Sixth Amendment as the state court's decision was not contrary to or an unreasonable application of established federal law.

Reasoning: Hicks argues that his Sixth Amendment right to effective assistance of counsel was violated when the trial court denied his mid-trial request for counsel. The court finds that the state court’s decision was not contrary to or an unreasonable application of federal law as established by the Supreme Court under the Antiterrorism and Effective Death Penalty Act (AEDPA).

Waiver of Right to Counsel

Application: Hicks's waiver of counsel was deemed knowing and intelligent as per Faretta v. California, based on his petition and trial court discussions.

Reasoning: The waiver was deemed knowing and intelligent based on both Hicks' waiver petition and the trial court's discussions with him. This aligns with the precedent set in Faretta v. California, which requires that a defendant must knowingly and intelligently relinquish the right to counsel while understanding the associated risks.