NORRIS, Circuit Judge:
On the morning of his state court trial, petitioner Fritz made a motion to defend pro se. The trial court denied the motion and the Washington Court of Appeals affirmed on the previously unconsidered ground that the motion was a tactic to delay the start of trial. The United States District Court denied Fritz's petition for a writ of habeas corpus on the ground that his motion to defend pro se was untimely. We reverse and remand for an evidentiary...
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