Marshall Batchelor v. Burl Cain, Warden
2012 U.S. App. LEXIS 10811
| 5th Cir. | 2012Background
- Batchelor moved to dismiss counsel and proceed pro se with standby counsel prior to his 1999 Faretta request.
- Trial court denied the Faretta motion on February 7, 2000, without a proper Faretta colloquy.
- Batchelor was convicted of armed robbery in November 2000 and sentenced to 60 years.
- Appellate courts initially reversed, then rehearing affirmed; Louisiana courts ultimately denied postconviction relief.
- District court issued habeas relief under 28 U.S.C. § 2254, concluding Faretta violation and unreasonable waiver finding.
- AEDPA standard governs review: last reasoned state court decision, with deference and clear-and-convincing evidence considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Batchelor clearly invoked self-representation | Batchelor clearly requested self-representation on Oct. 14, 1999. | State would treat waiver as implicit due to later conduct. | Yes; invocation was clear and unequivocal. |
| Whether the waiver finding was unreasonable under AEDPA | Waiver finding was not supported by clear and convincing evidence. | State appellate court reasonably inferred waiver from conduct. | Unreasonable determination of the facts; waiver not supported. |
| Whether denial of Faretta right is a structural error warranting automatic reversal | Denial violated Faretta and is structural. | Any error could be subject to harmless-error review. | Denial constitutes a structural error requiring automatic reversal. |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation implicit in Sixth Amendment; standby counsel permitted)
- McKaskle v. Wiggins, 465 U.S. 168 (U.S. 1984) (standby counsel permissible to aid pro se defendant)
- Brown v. Wainwright, 665 F.2d 607 (5th Cir. 1982) (waiver may be found from defendant’s conduct suggesting abandonment)
- Gonzalez-Lopez v. United States, 548 U.S. 140 (U.S. 2006) (denial of right to self-representation treated as structural defect)
- Neder v. United States, 527 U.S. 1 (U.S. 1999) (harmless error and factual determinations considerations in review)
- Valdez v. Cockrell, 274 F.3d 941 (5th Cir. 2001) (AEDPA(d)(2) undefined determinations and factual review guidance)
- Wood v. Quarterman, 491 F.3d 196 (5th Cir. 2007) (last reasoned state court decision under AEDPA)
- Miller-El v. Dretke, 545 U.S. 231 (U.S. 2005) (standard for evaluating AEDPA's deference to state court findings)
- Teague v. Quarterman, 482 F.3d 769 (5th Cir. 2007) (AEDPA review framework guidance for state-court decisions)