6th Amendment Violation

By: Derek Hawkins//August 19, 2019//

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7^th Circuit Court of Appeals

Case Name: Andrew L. Jackson v. Byran Bartow

Case No.: 19-1168

Officials: KANNE, HAMILTON, and SCUDDER, Circuit Judges.

Focus: 6^th Amendment Violation

A Wisconsin trial court denied Andrew L. Jackson’s request to represent himself at trial, and Jackson later pleaded guilty. He seeks a writ of habeas corpus under 28 U.S.C. § 2554, arguing that Wisconsin unreasonably applied Supreme Court precedent involving the Sixth Amendment right for competent defendants to represent themselves at trial. The district court agreed with Jackson that the Wisconsin trial court erred in ruling that he could not represent himself at trial, but it nonetheless denied his petition. It correctly concluded that under Gomez v. Berge, 434 F.3d 940 (7th Cir. 2006), Jackson waived his right to challenge that earlier ruling when he later entered an unconditional, knowing, and voluntary guilty plea. Therefore, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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