Lakin v. Stine

ORDER AND OPINION GRANTING HABEAS CORPUS RELIEF AND REJECTING THE MAGISTRATE’S REPORT AND RECOMMENDATION.

TARNOW, District Judge.

I. Introduction

Petitioner, David Patrick Lakin 1 filed an application for writ of habeas corpus pur suant to 28 U.S.C. § 2254. Mr. Lakin, prior to trial, requested new counsel several times, because counsel would not meet with him privately. He told the judge that if the court would not appoint him new counsel he would be forced to represent himself. The judge refused to appoint new counsel. Mr. Lakin was compelled to proceed without counsel. The waiver of counsel…