Dist. Ct. did not err in dismissing plaintiff-prisoner’s section 1983 action, alleging that defendant-state appellate defender violated his constitutional right to represent himself on appeal, where defendant assigned legal counsel to represent him on appeal without: (1) determining whether plaintiff was indigent; (2) requesting his permission for appointment of counsel; or (3) asking him whether he wanted to appeal his conviction. Under Martinez, 528 U.S 152, there is no constitutional right to self-representation on appeal, since state’s interest in fair and efficient administration of justice outweighs plaintiff’s interest in his autonomy. As such, Constitution is not violated by requiring indigent defendant to accept appointed appellate counsel against his will. Moreover, plaintiff failed to explain how defendant’s practice of assigning appellate counsel immediately after trial (in which plaintiff was represented by appointed counsel) violated due process clause.
Federal 7th Circuit Court
Civil Court
Due Process