FRITZ v. SPALDING

No. 80-3413.

682 F.2d 782 (1982)

Lewis Donald FRITZ, Appellant, v. James SPALDING, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 27, 1982.


Attorney(s) appearing for the Case

David B. Bukey, Seattle, Wash., for appellant.

David R. Minikel, Asst. Atty. Gen., Olympia, Wash., for appellee.

Before KENNEDY, FARRIS and NORRIS, Circuit Judges.


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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