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BATCHELOR v. CAIN

No. 10-30802.

682 F.3d 400 (2012)

Marshall BATCHELOR, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 29, 2012.

Attorney(s) appearing for the Case

Jennifer P. McKay (argued), (Court-Appointed), Barham, Warner, Stroud & McKay, Shreveport, LA, for Petitioner-Appellee.

Ross Warren Bergerthon , Asst. Atty., Gen. (argued), Office of the Atty. Gen., Baton Rouge, LA, Anita Tennant Mack , Counsel, Dist. Attorney's Office, Tallulah, LA, for Respondent-Appellant.

Before HIGGINBOTHAM, DENNIS and PRADO, Circuit Judges.

DENNIS, Circuit Judge:

This is an appeal from the district court's grant of habeas relief under 28 U.S.C. § 2254. Months before his criminal trial, petitioner-appellee Marshall Batchelor moved to dismiss his appointed counsel in exercise of his constitutional right to represent himself under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). The state trial court denied the motion and Batchelor was...

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