United States Sixth Circuit

Grant of habeas corpus relief in a weapons and drug offense case, based on a trial court's failure to inquire as to the reasons for defendant's expressed dissatisfaction with counsel during voir dire and a faulty waiver of appointed counsel, is affirmed where the district court properly determined that neither of petitioner's claims were procedurally defaulted, that it could order an evidentiary hearing, and that the waiver of counsel was not made knowingly and intelligently.

Appellate Information

• Decided 11/30/2006
• Published 11/30/2006

Judges

• Before:  KEITH and BATCHELDER, Circuit Judges;  ALDRICH, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Diane Mallory, Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellant.  Derek A. Farmer, Derek A. Farmer & Associates Co., Columbus, Ohio, for Appellee.