Rhodes v. Dittman

Dist. Ct. erred in granting defendant’s habeas petition challenging his conviction on charges of kidnapping and aggravated battery based on his claim that he was denied his right to counsel when state trial court, after initially granting defendant’s request to represent himself, failed to grant his subsequent request for appointment of counsel made three days prior to start of trial. Under deferential AEDPA standard of review, defendant’s request for appointment of counsel was untimely under circumstances of case, where he had previously and successfully sought to represent himself, and pro se defendant who requests counsel at last minute runs risk that judge will hold him to his original decision in order to avoid both disruption of court’s schedule and inconvenience of participants in trial, which in this case involved potential re-scheduling of 12 witnesses.