Rodgers v. Marshall, 678 F.3d 1149 (9th Cir. May 17, 2012) (trial court violated defendants Sixth Amendment right to counsel when it denied his timely request for appointment of counsel to represent him on a new trial motion, based on the erroneous notion that once waived, the right to counsel cannot be reasserted; and the defendant was not required to prove prejudice, and a harmless error analysis was not required).