BURTON v. DAVIS

No. 13-55328.

816 F.3d 1132 (2016)

Andre BURTON, Petitioner-Appellee, v. Ron DAVIS, Warden, California State Prison at San Quentin, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 10, 2016.


Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General of California, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Senior Assistant Attorney General, Keith H. Borjon , Supervising Deputy Attorney General, Chung L. Mar (argued), Deputy Attorney General, Los Angeles, CA, for Respondent-Appellant.

Marcia A. Morrissey (argued), Santa Monica, CA; Lisa M. Romo , Berkeley, CA, for Petitioner-Appellee.

Opinion by Judge BYBEE; Dissent by Judge O'SCANNLAIN.


OPINION

Andre Burton was tried and sentenced to death for robbery and murder. Twice before trial and another two times during trial, Burton invoked his constitutional right to represent himself under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). Each...

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