Opinion · Court of Appeals for the Ninth Circuit
William Bryant Mason v. Peter J. Pitchess, Sheriff of Los Angeles County
William Bryant Mason v. Peter J. Pitchess, Sheriff of L.A. County, 440 F.2d 454 (9th Cir. 1971)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1971-06-03
- Topic
- general
PER CURIAM: The district court granted a writ of habeas corpus on the ground that Petitioner did not effectively waive counsel in his state trial. The district court made its determination without an evidentiary hearing and solely because the state court judge did not make adequate inquiries of petitioner before allowing him to reject the services of a public defender and represent himself. In Hodge v. United States, 414 F.2d 1040 (9th Cir. 1969), and Arnold v. United States, 414 F.2d 1056 (9th Cir. 1969), we rejected the contention that under Von Moltke v.
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William Bryant Mason, in pro. per.
The district court made its determination without an evidentiary hearing and solely because the state court judge did not make adequate inquiries of petitioner before allowing him to reject the services of a public defender and represent himself.
In Hodge v. United States,414 F.2d 1040(9th Cir. 1969), and Arnold v. United States,414 F.2d 1056(9th Cir. 1969), we rejected the contention that under Von Moltke v. Gillies,332 U.S. 708, 68 S.Ct. 316, 92 L.Ed. 309 (1948), an inadequate inquiry by the trial judge conclusively establishes absence of effective waiver. On the record in this case a hearing was required to determine whether petitioner knowingly and intelligently waived counsel.SeeSessions v. Wilson,372 F.2d 366, 369-370 (9th Cir. 1967).
Reversed and remanded.Page 455