CROSBY v. SCHWARTZ

No. 10-17726.

678 F.3d 784 (2012)

Courtney CROSBY, Petitioner-Appellant, v. T. SCHWARTZ, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 4, 2012.


Attorney(s) appearing for the Case

Eric Weaver (argued), Albany, CA, for petitioner-appellant Courtney Crosby.

Kamala D. Harris , Michael P. Farrell , and David Andrew Eldridge (argued), Office of the California Attorney General, Sacramento, CA, for respondent-appellee T. Schwartz.

Opinion by Judge MILAN D. SMITH, JR.; Partial Concurrence and Partial Dissent by Judge NOONAN.


OPINION

M. SMITH, Circuit Judge:

Courtney Crosby appeals the district court's denial of his federal petition for a writ of habeas corpus. He raises three claims on appeal. First, Crosby challenges the California Court of Appeal's conclusion that his waiver of his Sixth Amendment right to a jury trial was valid. Second, he claims that the California court erred in finding that the trial court acted within its discretion to deny his subsequent attempt to withdraw...

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