Wagstaff v. Barnes

OPINION

BENCH, Judge:

Appellant Wade Wagstaff appeals from the district court’s dismissal of the habeas corpus petition he filed after his conviction of assault and burglary. Wagstaff argues that the trial court erred in dismissing his petition because he was deprived of the assistance of counsel at his trial and he did not knowingly and intelligently waive his right to counsel.

After his conviction, Wagstaff appealed directly to this court alleging that he had been deprived of his constitutional right to be present at trial. This court affirmed Wagstaff’s conviction, holding that he voluntarily…