Pouncy v. Palmer

AMENDED OPINION AND ORDER CONDITIONALLY GRANTING WRIT OF HABEAS CORPUS *

MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE

In Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), the United States Supreme Court held that a criminal defendant has a constitutional right to represent himself at trial. But the Supreme Court stressed that a defendant’s waiver of his right to counsel (and decision to defend himself) is valid only if it is truly voluntary — a free “choice” made with “eyes wide open.” Id. at 835, 95 S.Ct. 2525.

In this case, Petitioner Omar Rashad Pouncy (“Pouncy”)…