Ervin James Horton v. Richard L. Dugger, T.L. Barton

HILL, Senior Circuit Judge:

I. INTRODUCTION

Ervin James Horton appeals the denial by the District Court for the Northern District of Florida of his petition for a writ of habeas corpus. The only two issues raised in the district court petition, and thus the only issues properly before this court, involve claims that appellant was denied the right to self-representation both at trial and on appeal.

Because appellant withdrew his request to represent himself and only reasserted that request literally minutes before a rescheduled trial was set to begin, we uphold the trial court’s decision to deny…