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MOORE v. CALDERON

Nos. 95-99009, 95-99013.

108 F.3d 261 (1997)

Charles Edward MOORE, Jr., Petitioner-Appellee-Cross-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 7, 1997.

As Amended March 20, 1997.

Attorney(s) appearing for the Case

Peggy S. Ruffra, Deputy Attorney General, San Francisco, California, (Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, and Gerald A. Engler, Supervising Deputy Attorney General, San Francisco, California, on the brief), for respondent-appellant-cross-appellee.

Morgan Chu, Irell and Manella, Los Angeles, California, (Spencer Bendell, Irell & Manella, Los Angeles, California, and Marianne D. Bachers, San Francisco, California, on the brief), for petitioner-appellee-cross-appellant.

Before: FERGUSON, O'SCANNLAIN, and FERNANDEZ, Circuit Judges.

Opinion by Judge O'SCANNLAIN; Concurrence by Judge FERGUSON.

O'SCANNLAIN, Circuit Judge.

We must decide whether a writ of habeas corpus should issue when a state court denies a murder defendant's request to proceed pro se weeks before trial begins.

I

Charles Edward Moore, Jr. was charged with the double murder of Robert and Hattie Crumb. On July 22, 1983, the California Superior Court, where Moore's case was to be tried, appointed an attorney...

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