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CORDOVA v. BACA

No. 02-55713.

346 F.3d 924 (2003)

Henry Lee CORDOVA, Petitioner-Appellee, v. Leroy BACA, Sheriff of Los Angeles County; Deanne Myers, Los Angeles Superior Court Judge; Steven Cooley, Los Angeles District Attorney; Bill Lockyer, Attorney General of California, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 6, 2003.

Attorney(s) appearing for the Case

Matthew G. Monforton, Deputy District Attorney, Los Angeles, California, argued for the respondents-appellants. Steve Cooley, District Attorney of Los Angeles County, George M. Palmer, Head Deputy District Attorney, and Brentford J. Ferriera, Deputy District Attorney, joined him on the briefs.

Ronald S. Smith, Los Angeles, California, argued for the petitioner-appellee.

Before: Cynthia Holcomb HALL, Alex KOZINSKI and Johnnie B. RAWLINSON, Circuit Judges.

Argued and Submitted January 14, 2003 — Pasadena, California.

OPINION

KOZINSKI, Circuit Judge:

We must evaluate under AEDPA a state court's decision to apply harmless error review where a criminal defendant was not represented by counsel at trial, following a defective waiver of his right to counsel.

Facts

Petitioner Henry Cordova was arrested outside his home after an altercation involving his neighbors. He was handcuffed...

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