McGhee v. Dittmann, No. 14-1763 (7th Cir. 2015)
Annotate this CaseBased on 2004 Milwaukee muggings, McGhee was charged with armed robbery, theft of movable property from a person, and operating a vehicle without the owner’s consent. Public defender Thomey was appointed. On the first day of trial, Thomey notified the court that McGhee wished to raise an alibi defense and requested that he be allowed to call two unlisted witnesses. Counsel explained that McGhee had not mentioned it to him until two days earlier. Defense counsel also moved to withdraw because McGhee wished to discharge him andhe believed that McGhee’s alibi defense raised “certain ethical problems.” The court denied the motions. Following the court’s rulings, McGhee stated that “my attorney never asked me about no alibi. … I called his office …. He doesn’t return my phone calls to come see me. How can I tell him I have a alibi if I can’t get in touch with him? I’m in the prison…. and [for him to ]say something about my witnesses as far as perjury … that’s a bunch of BS.” Seeking federal habeas relief, McGhee argued that the state court deprived him of his Sixth Amendment right to self-representation. The Seventh Circuit affirmed denial; the state court reasonably determined that McGhee had not clearly and unequivocally invoked his right of self-representation.
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