Opinion

United States v. Garey

  • 540 F.3d 1253
  • 2008 WL 3850284
Court
Court of Appeals for the Eleventh Circuit
Filed
Aug 20, 2008
Status
Published
Author
Barkett
On the bench
Edmondson, Tjoflat, Anderson, Birch, Dubina, Black, Carnes, Barkett, Hull, Marcus, Wilson, Pryor
Cited by
113 cases

explaining that the court may allow an uncooperative defendant to proceed pro se provided the “court is assured the defendant (1) understands the choices before him, (2) knows the potential dangers of proceeding pro se”

How later courts described this case

  • explaining that the court may allow an uncooperative defendant to proceed pro se provided the “court is assured the defendant (1) understands the choices before him, (2) knows the potential dangers of proceeding pro se”
  • explaining good cause to appoint a new attorney refers to a “fundamental” problem, such as a conflict of interest, a complete breakdown in communication between the client and the attorney, “or an irreconcilable conflict which leads to an apparently unjust verdict”
  • observing that a defendant’s voluntary waiver and knowledge may be demonstrated by an affirmatively invocation or the defendant’s conduct in rejecting all other available options and responses to the district court’s warnings and questions
  • stating that whether the defendant’s “waiver of counsel was both knowing and voluntary” is “a mixed question of law and fact which this Court reviews de novo”

Written by the judges who cited it.

The opinion

BARKETT, Circuit Judge,

concurring:

The record reflects that Eddie Milton Garey, Jr. objected to representation by appointed counsel; that the trial judge advised Garey that he was entitled to effective representation but not to the counsel of his choice; that the trial judge extensively warned Garey on the record of the dangers of self-representation; that Garey, although disdainful of his options, voluntarily expressed a preference for self-representation over appointed counsel; and that the trial judge required Garey’s appointed counsel to remain as standby counsel to assist during trial. Thus, I concur in the majority’s judgment in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.