6th Amendment Violation – Habeas Corpus

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7^th Circuit Court of Appeals

Case Name: James Freeman v. Guy Pierce

Case No.: 16-1229

Officials: BAUER, MANION, and HAMILTON, Circuit Judges.

Focus: 6^th Amendment Violation – Habeas Corpus

For over forty years, the Supreme Court has recognized that the Sixth Amendment implicitly entails a right to self-representation. Faretta v. California, 422 U.S. 806, 819 (1975). When Petitioner James Freeman, charged in Illinois state court with kidnapping and murder, filed a motion to proceed pro se, the judge denied his request and found that he did not possess the necessary experience and abilities to represent himself. Freeman ultimately proceeded to trial with a lawyer and was convicted.

While acknowledging that the right to self-representation cannot be denied based on limited education and legal abilities, the Illinois Appellate Court affirmed the denial of Freeman’s right on the ground that his request was not unequivocal. The trial court’s denial of Freeman’s self-representation right, and the appellate court’s affirmance of that decision, were both contrary to, and unreasonable applications of Faretta. Freeman petitioned this Court for a writ of habeas corpus, and since he has satisfied the stringent standards for habeas relief under 28 U.S.C. § 2254(d)(1), he is entitled to the issuance of a writ.

Reversed and Remanded

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