Michael Stokes v. Debra Scutt

527 F. App'x 358
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 22, 2013
Docket11-2448
StatusUnpublished
Cited by22 cases

This text of 527 F. App'x 358 (Michael Stokes v. Debra Scutt) 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
Michael Stokes v. Debra Scutt, 527 F. App'x 358 (6th Cir. 2013).

Opinions

OPINION

JANE B. STRANCH, Circuit Judge.

A Michigan jury convicted petitioner Michael Stokes of assault with intent to do great bodily harm less than murder. In a request for federal habeas relief from the state court judgment, Stokes argues that he was forced to represent himself at trial in violation of his Sixth Amendment right to counsel. The State argues that this claim is barred by the procedural default doctrine. Our consideration of this argument requires revisiting a long line of decisions that wrestle with the application of the procedural default doctrine to the Michigan state courts’ practice of denying post-conviction relief based on ambiguous form orders. See Guilmette v. Howes, 624 F.3d 286, 290 (6th Cir.2010) (en banc).

The district court determined that the procedural default doctrine did not bar review of Stokes’s Sixth Amendment claim, concluded that the Michigan courts unreasonably applied clearly established federal law in denying that claim, and conditionally granted a writ of habeas corpus. Because we disagree with the district court’s procedural default determination, we REVERSE the conditional grant, and we REMAND this case for further proceedings.

I. BACKGROUND

The State of Michigan originally charged Stokes with the crime of assault with intent to commit murder. The [359]*359charge stemmed from an incident in which Stokes stabbed another man several times, causing life-threatening injuries. Stokes did not deny that he stabbed the man, but claimed that he did so in self-defense. At the preliminary examination, Stokes’s appointed counsel Ira Harris argued that the victim’s testimony was unreliable and that there was insufficient evidence of Stokes’s intent, but he did not pursue a self-defense strategy.

On the first day of trial, Harris advised the judge for the first time that Stokes was dissatisfied with his counsel and was requesting a new attorney or to proceed pro se:

MR. HARRIS: Your Honor, a few days ago I met with Mr. Stokes. And he submitted to me several pages of questions which he has asked me to direct to the witnesses in this matter. He’s also written out a closing argument, which he has requested that I give.
I told Mr. Stokes that while I appreciated his assistance, I was not going to be limited to the questions he propounded or the argument that he prepared.
I told that again to Mr. Stokes today. And Mr. Stokes is upset. He thinks that I am not properly representing him. And he wants either another lawyer or he wishes to represent himself.

R. 11 at Page ID# 196-97. The prosecutor objected to substitute counsel, citing the time necessary to prepare a new attorney and the difficulty in getting the witnesses to the courthouse. He also noted that Stokes had a constitutional right to defend himself.

After expressing displeasure that counsel raised the issue at noon on the first day of trial, the judge stated that “[i]n terms of appointing a new attorney, we’re just not going to do that at this point.” He then advised Stokes of his right to have a lawyer represent him in the case. Stokes responded with the complaints that his attorney had “no game plan,” had not pursued a self-defense strategy during the preliminary examination, and had recently suggested that it might be preferable to consent to a bench trial.

The judge, Harris, and the prosecutor then met in chambers, after the judge promised Stokes that they would the review the questions Stokes wanted Harris to ask. The five-minute meeting was off the record and Stokes was not present. Afterward, the judge advised Stokes that Harris was not going to ask the questions, but assured him that Harris was “one of the best” attorneys in the building. The judge did not, however, explicitly state that Harris was prepared for trial. Nor did the judge explain why Harris would not ask the questions Stokes wanted him to ask. Nothing was entered into the record about what was said in chambers between the judge and counsel.

The judge then proceeded with an inquiry into Stokes’s ability to represent himself and with an effort to advise him of the dangers. He inquired into Stokes’s educational background, learning that Stokes had a GED and had completed a paralegal program while incarcerated. He explained to Stokes the potential penalties associated with the charges against him and discussed in some depth the risks of self-representation. The prosecutor advised Stokes that if he represented himself, Michigan law would preclude him from raising ineffective assistance of counsel on appeal.

After a short recess, Stokes and Harris proposed that Harris would represent Stokes during voir dire and advise Stokes throughout the trial, but that Stokes would give the opening and closing arguments and cross-examine witnesses with the questions he wanted asked. On hearing [360]*360Stokes’s proposed division of responsibilities, the judge again engaged Stokes in a colloquy to advise him against self-representation and to assure that he was voluntarily waiving his right to counsel:

THE COURT: And do you understand that it’s the Court’s strong opinion that you do not represent yourself at any part of the proceedings in this case? MR. STOKES: Yeah, I understand that you think it’s not a good idea.
THE COURT: And you’re still willing to proceed in a manner that we’ve spoken about?
MR. STOKES: Well, I don’t feel I have a choice, your Honor. I don’t feel — I mean, it’s like all that on the line that you’re telling me that I’m facing. And I’m just going to—
THE COURT: Well, we have clients that come in here each and every day with their attorneys. And their attorneys handle those cases.
MR. STOKES: Well, we didn’t have time to talk. And at no point did he bring any defense. He didn’t suggest any defense. I had to do the research and do the work.
THE COURT: Well, I understand Mr. Harris has been over to visit you a number of times.
MR. STOKES: Yes, sir.
THE COURT: And, of course, Mr. Harris can’t make steak out of chopped liver. I mean, the defense — the defense comes from whatever it is that the — I mean, defense attorneys don’t wave magic wands and make defenses.
MR. HARRIS: We’re ready to proceed. THE COURT: Are you ready to proceed, Mr. Stokes?
MR. STOKES: Yes, sir.
THE COURT: You’re doing it with your eyes wide open?
MR. STOKES: Yes, sir.
THE COURT: And you know the consequences are quite severe with you representing yourself?
MR. STOKES: Yes, sir.

Id. at 210-12. The judge then made an explicit finding in the record that Stokes understood the disadvantages of self-representation and had intelligently, voluntarily, knowingly, and unequivocally waived his right to counsel.

Stokes eventually signed a waiver of his Sixth Amendment right to counsel and represented himself at trial with Mr. Harris as standby counsel.

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Bluebook (online)
527 F. App'x 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-stokes-v-debra-scutt-ca6-2013.