Waterhouse v. Rodriguez

WINTER, Circuit Judge:

In Solina v. United States, 709 F.2d 160 (2d Cir.1983), we held that a criminal defendant is denied his sixth amendment right to effective assistance of counsel when, unbeknownst to the defendant, he is represented by unlicensed counsel. This appeal raises the question whether Solina applies when a defendant’s counsel is disbarred during a pretrial proceeding but withdraws after becoming aware of the disbarment.

Petitioner Robert B. Waterhouse is under a sentence of death in Florida for first-degree murder of Deborah Kammer in 1980. Waterhouse v. State, 429 So.2d 301…