United States v. Michael Bernard

Affirmed by published opinion. Judge THACKER wrote the majority opinion, in which Judge SHEDD joined. Judge DIAZ wrote a dissenting opinion.

OPINION

THACKER, Circuit Judge:

Michael Defonte Bernard (“Appellant”) appeals the district court’s decision allowing him to represent himself at trial despite his questionable mental capacity. Appellant contends that the Supreme Court’s decision in Indiana v. Edwards, 554 U.S. 164, 128 S.Ct. 2379, 171 L.Ed.2d 345 (2008), established the broad legal principle that once a borderline competent defendant seeks to represent himself at trial, the district court…