Lewis v. Robinson

67 F. App'x 914
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 20, 2003
DocketNo. 01-2161
StatusPublished
Cited by9 cases

This text of 67 F. App'x 914 (Lewis v. Robinson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Robinson, 67 F. App'x 914 (6th Cir. 2003).

Opinion

OPINION

COLE, Circuit Judge.

Petitioner Thomas Lewis filed pro se a petition for writ of habeas corpus, challenging his Michigan state convictions because, inter alia, he was denied his constitutional rights when: (1) he was not permitted to represent himself, (2) he was shackled and gagged during trial, and (3) the judge made comments in front of the jury evidencing bias against him. For the reasons described below, we AFFIRM the district court’s denial of the writ.

I. BACKGROUND

Petitioner was tried before a jury in September 1990 on charges of armed robbery, felony firearm possession, and assault with a dangerous weapon, arising out of a June 23, 1990 robbery of a Burger King in Flint, Michigan. On the day of jury selection, at Petitioner’s request, Petitioner’s counsel moved to dismiss himself as counsel, and noted Petitioner’s objection to the proceedings. The trial court responded: “Well, that is denied out of hand. The day of trial playing that kind of game is one this Court is not going to play.” After the jury was selected and excused for a recess, counsel for Petitioner renewed the motion, stating against that Petitioner objected to the proceedings. The trial court responded that Petitioner has:

[S]hown today that he’s not capable of trying the case, by himself. It’s been apparent from all the games that he’s played with the Court. And, I am not going to let you out of the case and I’m .not going to let him try the case. So I expect you to try the case. His motions are denied.

After taking a recess, but out of the presence of the jury, the trial court reluctantly agreed to permit Petitioner’s counsel to read a statement into the record. This statement .objected to the proceedings, explaining that counsel was not prepared to try the case, Petitioner had not been permitted adequate time to prepare a defense, and that the trial court had threatened Petitioner with being bound and gagged. The statement also read: “I renew the motion for adjournment until a defense can be prepared; that visitation be restored so I can prepare a defense; that I be allowed to represent myself.” In response, referring to prior testimony that Petitioner was manipulative, the trial court stated that:

Hit’s quite clear that he’s playing the game because he figures that he has only one way to beat this, and this is to try to create error. And, I am not going to let him represent himself because of his manipulative behavior. He shows [917]*917that he does not have the ability to act decently in court and he wants to play all kinds of games. And, I deny the motion.

Petitioner’s counsel then requested that Petitioner be permitted to address the court. The trial court initially refused, but then addressed Petitioner directly:

Court: What do you want to say, dummy?
Defendant: Why do I have to be a dummy, your Honor?
Court: Because of the way you’re acting....

A lengthy colloquy ensued between Petitioner and the trial court. As Petitioner attempted to explain his conduct, the trial court accused Petitioner of attempting to manipulate the court and others. The trial court repeatedly told Petitioner that he was “playing games,” calling Petitioner’s explanations a “sham,” and calling Petitioner a “shill.” Ultimately, the trial court stated:

—you’re trying to play the manipulative game here. I don’t know how many people you think you can con on this. Why don’t you just shut up and let Mr. Hayman, who is one of the finest trial attorneys in Genesee County, try the case and you quit interfering with it.

When Petitioner explained that he was being sincere, the trial court responded:

Ho, ho, ho, that’s a laugh. At least I get some fun out of this because he’s such a — he thinks that he can con everybody.... We’ve had it. We’re going to trial and I’m not going to listen to any more of your trivial motions that you are trying to force on Mr. Hayman. Mr. Hayman’s a good attorney and you are putting him in a terrible spot, because he’s a competent fellow and you’re not able to act decently in a courtroom. So quit trying to put all these motions before the Court.... All right, bring the jury in, that’s it. And if you lip off once more, I’m gonna have your mouth taped because that’s the only way you can deal with this.

During a later recess, Petitioner’s counsel informed the trial court that Petitioner had again indicated that he did not want to be represented by counsel at trial and did not want counsel to make an opening statement or to question any witnesses. The trial court refused to hear Petitioner speak on the issue of his representation, explaining that counsel is “very competent” and “very diligent.” When counsel persisted that Petitioner did not want counsel to present a “sham defense,” the trial court stated:

Well, since he had — he was arraigned in this case on July 18, 1990, and he’s had plenty of time, and he wants to play these little games with the Court including, as I’ve already noted, the manipulative behavior that is a part of his whole personality. And, he’s antisocial, which means that he cannot understand the rules of society, therefore that’s why he raises these questions. I deny ‘em all.

Later, during trial and in the presence of the jury, Petitioner struck his attorney, drawing blood, yelling, ‘You get the fuck away from me, mother fucker.... This is a mock trial and you won’t even ... let me present a fuckin’ defense ... or nuthin’.” The trial court interjected and ordered that the courtroom deputies tape Petitioner’s mouth. As the deputies struggled to tape Petitioner’s mouth, he continued to spew obscenities at his counsel and at the judge, claiming that he had been prohibited from presenting a defense. The deputies placed Petitioner in handcuffs and leg irons, and taped his mouth. The trial court then instructed the jury: “The jury is to ignore this outburst by the defendant. [918]*918He is attempting to create a mistrial, so ignore what he’s trying to do.”

The witness’s testimony resumed. When the witness identified Petitioner, Petitioner began to make noises through the tape on his mouth. Petitioner claims that he was attempting to communicate with counsel. At this point, Petitioner was removed from the courtroom altogether.

At the conclusion of this witness’s testimony and after the jury had been excused, the trial court stated that it would be preferable for Petitioner to be able to hear the proceedings, querying whether that would possible if Petitioner was not in the courtroom. In response, Petitioner’s counsel and the Government agreed that it would be preferable for Petitioner to be present in the courtroom, if possible. The judge decided to bring Petitioner back into the courtroom, but to keep his legs shackled, his hands cuffed, and his mouth taped. On behalf of Petitioner, counsel then renewed Petitioner’s request to dismiss counsel. The trial court again rejected this request, stating that Petitioner is “antisocial” and acting like a “spoiled brat.”

The trial was conducted without further incident. The jury convicted Petitioner of the three charges against him. On September 27, 1990, Petitioner was convicted as a “fourth habitual offender,” and his armed robbery conviction was vacated.

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Cite This Page — Counsel Stack

Bluebook (online)
67 F. App'x 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-robinson-ca6-2003.