United States v. Robert Ivers, No. 21-3478 (8th Cir. 2022)
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Defendant alleges that during the third revocation hearing, the district court violated his right to due process because it forced him to proceed either with an incompetent attorney or without any attorney at all.
The Eighth Circuit reversed finding that Defendant was denied the right to counsel. The court explained that to show his waiver of the right to counsel was involuntary, a defendant must show the district court forced him to choose between inadequate representation and self-representation.
Here, Defendant has shown he was justifiably dissatisfied with his attorney. This is not a case where the evidence shows a defendant who disagrees with his attorney’s strategy or wants to delay the hearing. Instead, the evidence shows an attorney who was not prepared to handle a revocation of supervised release hearing. Further, the attorney’s comment regarding “the big house or the nut house” demonstrates he did not know the factual background of the case or the potential consequences that Defendant was facing. Because Defendant was forced to proceed with either this unprepared attorney or no attorney at all, Defendant’s decision to waive his right to counsel was not knowing and voluntary and his right to due process was violated.
Court Description: [Melloy, Author, with Erickson and Kobes, Circuit Judges] Criminal case - Criminal law. At his probation revocation, defendant showed he was justifiably dissatisfied with his appointed attorney who was unprepared to handle the proceedings; the district court erred by forcing defendant to either proceed pro se or with his unprepared attorney, and defendant's wavier of his right to counsel was not knowing or voluntary; the revocation judgment is reversed, and the matter is remanded for further proceedings. Judge Kobes, dissenting.
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