Brown v. Milwaukee County Public Defender's Office, No. 16-3182 (7th Cir. 2017)

After Brown was charged with sexually abusing his children, before trial, the court three times allowed Brown’s appointed counsel to withdraw because Brown would not cooperate. Brown appeared pro se but after “multiple outbursts” and attempts “to intimidate the victim‐witnesses,” the court held that he had “forfeited his right to represent himself.” Brown was convicted. The Public Defender’s Office appointed attorney Rosen to represent Brown on appeal. Brown objected, arguing Rosen was acting without his “consent or participation.” Brown sued under 42 U.S.C. 1983, claiming violation of “his constitutional right to represent himself on appeal” and that a lawyer had deprived him of legal documents and prevented him from requesting legal help from a nonprofit organization. The district court screened Brown’s complaint under 28 U.S.C. 1915A and concluded that his claim that Rosen had been ineffective in representing him was barred because it implied that his conviction may have been invalid and there is no constitutional right to self‐representation on appeal. The Supreme Court has held that in an appeal the state’s “interest in the fair and efficient administration of justice” outweighs the defendant’s interest in autonomy because there is no longer the presumption of innocence and because the Sixth Amendment does not refer to appellate proceedings. The Seventh Circuit affirmed, held that Brown’s appeal was frivolous, and imposed two strikes on him under 28 U.S.C. 1915(g).