McGhee v. Dittmann

Dist. Ct. did not err in denying defendant’s habeas petition challenging his armed robbery conviction on grounds that state court’s denial of public defender’s motion to withdraw filed on morning of trial violated defendant’s 6th Amendment right to self-representation under Faretta, 422 U.S. 806. While record showed that defendant had vigorously argued with trial court following trial court’s denial of counsel’s motion to withdraw and had declared wish to be able to “speak for himself,” defendant never clearly asserted right to self-representation to establish any violation since: (1) defendant’s request that his attorney be discharged, by itself, did not signal clear desire for self-representation; and (2) defendant’s request that he be allowed to speak for himself was, in context, suggestion of intent to disrupt trial proceeding. Moreover, defendant’s statement to trial court that he was not “going to no trial today” suggested that he was merely seeking more time to retain counsel.