Campbell v. Blodgett, 89-35210
| Decision Date | 07 August 1991 |
| Docket Number | No. 89-35210,89-35210 |
| Citation | 940 F.2d 549 |
| Parties | Charles Rodman CAMPBELL, Petitioner-Appellant, v. James BLODGETT, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Charles Rodman Campbell, petitioner-appellant in pro per.
Paul D. Weisser, Asst. Atty. Gen. and John M. Jones, Asst. Atty. Gen., Corrections Div., Olympia, Wash., for respondent-appellee.
Before HUG, POOLE and HALL, Circuit Judges.
The motion of petitioner filed herein on June 10, 1991 unequivocally asserts his desire to discharge appointed counsel and to represent himself in all further proceedings in this appeal. He is entitled to do so under Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). This motion is therefore GRANTED. Attorneys Gombiner and Lyon are relieved from further representation of petitioner.
Petitioner's earlier motions to withdraw issues III, IV, and V presented in the original briefs in this appeal are DENIED. Petitioner, in his June 10, 1991 motion, notes that in light of the Washington Supreme Court opinion, In the Matter of the Personal Restraint Petition of Charles Rodman Campbell, No. 57406-5, entered March 21, 1991, rehearing denied May 15, 1991, the request to withdraw the issues is no longer desired.
Petitioner on June 10, 1991 filed a document notifying this court that he intended to file a pro se petition for habeas corpus in Federal District Court in Washington based upon the issues presented to and rejected by the Washington Supreme Court in the above-referenced Case No. 57406-5.
In petitioner's pro se response to our order of February 21, 1991, he represents that the issues presented to the Washington Supreme Court in Case No. 57406-5 are the last remaining issues in his case and that he plans no further personal restraint petitions before that court. Thus, the issues ruled upon by the Washington Supreme Court, together with those issues now before us on appeal, represents the entirety of issues to be resolved in this case.
One complete appeal of some of the issues in this case has already been processed through the federal district court, the Ninth Circuit Court of Appeals, consideration and rejection of rehearing en banc by the Ninth Circuit Court of Appeals, and petition and rejection for certiorari by the United States Supreme Court. See Campbell v. Kincheloe, 829 F.2d 1453 (9th Cir.1987), cert. denied, 488 U.S. 948, 109 S.Ct. 380, 102 L.Ed.2d 369 (1988). This was completed only to encounter a...
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Campbell v. Blodgett
...Certain Issues on Appeal at 2, 3, Campbell v. Blodgett, 978 F.2d 1519 (9th Cir.1992). We denied the motion. Campbell v. Blodgett, 940 F.2d 549, 549 (9th Cir.1991) (Order). Those issues were presented in his third state petition and denied on the merits, and it is those same issues which he ......
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People v. Scott
...extends in all cases to the appellate process, his right was not here violated." (Italics added.) Thereafter, in Campbell v. Blodgett (9th Cir.1991) 940 F.2d 549, presented with a petitioner's motion to discharge appointed counsel and represent himself on appeal, the Ninth Circuit summarily......
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Campbell v. Wood
...district court's decision on the third petition would be consolidated with the pending appeal on the second petition. Campbell v. Blodgett, 940 F.2d 549 (9th Cir.1991); see also Campbell v. Blodgett, 927 F.2d 444 (9th Cir.1991). Campbell filed his third habeas corpus petition in the distric......
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Campbell v. Blodgett
...Certain Issues on Appeal at 2, 3, Campbell v. Blodgett, 978 F.2d 1519 (9th Cir.1992). We denied the motion. Campbell v. Blodgett, 940 F.2d 549, 549 (9th Cir.1991) (Order). Those issues were presented in his third state petition and denied on the merits, and it is those same issues which he ......