Rodgers v. Marshall, No. 10-55816 (9th Cir. 2012)
Annotate this CasePetitioner filed a petition for writ of habeas corpus in federal court, raising 21 claims of relief. At issue was whether a criminal defendant's request for legal counsel to file a post-verdict motion for a new trial was a "critical stage," and whether denying such a request, because defendant previously waived his right to counsel, was a violation of clearly established federal law. The court held that defendant's Sixth Amendment right to counsel was violated when the trial court denied his timely request for representation for a new trial motion based on the notion that once waived, the right to counsel could not be reasserted. This holding was consistent with the court's previous rulings, as well as those of numerous federal circuit courts applying clearly established Supreme Court precedent. Further, due to the fundamental importance of the right to counsel, defendant need not prove prejudice and a harmless error analysis was not required. Therefore, the court reversed and remanded.
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