Greg Berry v. A.L. Lockhart, Director, Arkansas Department of Correction, Greg Berry v. A.L. Lockhart, Director, Arkansas Department of Correction

ARNOLD, Circuit Judge.

Greg Berry was convicted of kidnapping and attempted rape after a jury trial at which he represented himself. On a magistrate’s 1 recommendation, the District Court 2 granted Berry habeas relief on the ground that Berry did not knowingly and intelligently waive his right to counsel. Because we agree with the District Court that Berry did not validly waive his right to counsel, we affirm. 3

I

Attorney Michael Friedman was appointed to represent Berry on charges of kidnapping and attempted rape. However, another lawyer in Friedman’s firm, James Hooper, actually handled the…