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FISCHETTI v. JOHNSON

No. 02-4026.

384 F.3d 140 (2004)

Vincent FISCHETTI, Appellant v. Philip JOHNSON; Gerald J. Pappert.

United States Court of Appeals, Third Circuit.

Filed September 22, 2004.

Attorney(s) appearing for the Case

Christine H. Nooning (Argued), Pittsburgh, PA, for Appellant.

Stephen A. Zappala, Jr., District Attorney, Michael W. Streily, Deputy District Attorney, Ronald M. Wabby, Jr. (Argued), Assistant District Attorney, Office of the District Attorney, Pittsburgh, PA, for Appellee.

Before ROTH, AMBRO, and CHERTOFF, Circuit Judges.

OPINION OF THE COURT

CHERTOFF, Circuit Judge.

Vincent Fischetti appeals a final order of the District Court denying his petition for habeas corpus. Fischetti argues, inter alia, that he was denied his Sixth Amendment right to counsel when he was tried in state court without representation by an attorney. Before facing trial for the second time on burglary charges, Fischetti declared to the state trial judge that he wanted to fire his appointed counsel...

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