Arthur L. Vitasek v. Ryan Thornell, Director, Arizona Department of Corrections, et al.

In Penson v. Ohio, 488 U.S. 75 (1988), this Court held that, for the purposes of Federal habeas relief, once “A Court” determines that the trial record supports arguable claims, ...the criminal defendant is entitled to representation. 109 S.Ct. at 351. This case presents the following question: Under Penson v. Ohio, 488 U.S. 75 (1988), whether the Magistrate, the District Court Judge, and the Ninth Circuit Court of Appeals lost jurisdiction to provide rulings on this case once the Magistrate determined an arguable issue existed without appointing counsel to represent the defendant on the arguable issue that the magistrate recognized.