Right to Self Representation – Sixth Amendment

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Civil Rights

7^th Circuit Court of Appeals

Officials: BAUER, EASTERBROOK, and RIPPLE, Circuit Judges.

Right to Self Representation – Sixth Amendment

No. 14-1763 Laderian McGhee v. Michael Dittmann

Where failure to unequivocally communicate a desire for self-representation held fatal to prisoner’s claim that he was deprived of his 6^th amendment right to self-representation.

“Similarly, Mr. McGhee’s declaration that he was going to “speak up for [himself]” and that he could not be “expect[ed] …to sit [t]here and…say nothing in [his] own defense” do not clearly communicate a desire to proceed without counsel.23 Mr. McGhee made these statements during the course of an expletive-ridden tirade against the court’s earlier rulings excluding his witnesses and denying the withdrawal of his attorney. During that outburst, he accused the court of trying to “railroad” him and stated that he was not going to “sit…[t]here and accept” it.24 Further, when warned about his behavior, Mr. McGhee responded, “Fuck warned. I’m telling you if I can’t have my witnesses, fuck this trial too.”25 Viewed in this context, Mr. McGhee’s desire to “speak up for [himself]” suggests an intent to disrupt the proceedings rather than a request for self-representation.”

Affirmed

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.