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369 F. App'x 853

Insua v. McDonald

U.S. Courts of Appeals

Decided March 5, 2010

U.S. Courts of Appeals · decided 2010-03-05

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2010

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Faretta v. California · United States v. Gerritsen

Good law ✅— No negative treatment on recordhow we know

Decided 2010-03-05

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¶1 MEMORANDUM

¶2 Montana State prisoner Albert Insua appeals from the district court’s judgment *854 dismissing his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

¶3 Insua contends that the trial court violated his Sixth Amendment right to counsel by failing to adequately explain the dangers of self-representation. The record demonstrates that Insua understood the dangers of self-representation, and therefore the Montana Supreme Court’s decision rejecting this claim was neither contrary to, nor an unreasonable application of, clearly established federal law, nor was it an unreasonable determination of the facts in light of the evidence. See 28 U.S.C. § 2254(d)(1), (2); United States v. Gerritsen, 571 F.3d 1001, 1012-13 (9th Cir.2009); see also Faretta v. California, 422 U.S. 806, 835-36, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

¶4 Insua’s request for judicial notice is granted. See Fed.R.Evid. 201.

¶5 AFFIRMED.

¶6 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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