Ninth Circuit affirms habeas relief to death row prisoner who lost twice in California’s Supreme Court

The Ninth Circuit yesterday affirmed a district court’s grant of a habeas corpus petition filed by a death row inmate who, years ago, was twice turned down by a divided California Supreme Court (People v. Burton (1989) 48 Cal.3d 843 [direct automatic appeal; 4-3 vote]; In re Burton (2006) 40 Cal.4th 205 [habeas corpus petition; 5-2 vote]).  In Burton v. Davis, the federal appeals court held 2-1 that the California superior court had improperly handled the defendant’s request to represent himself.