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Notable (and disturbing?) Third Circuit ruling on AEDPA and the Sixth Amendment

By Douglas A. Berman

The Third Circuit has an interesting ruling today in a habeas case that, though not exactly about sentencing, seems certain to intrigue readers. The opinion in Thomas v. Carroll, No. 06-2282 (3d Cir. Sept. 22, 2009) (available here) gets started this way: This appeal presents a factual scenario unique in our experience and a legal question for which we have found no precise precedent. While Appellant Andre R. Thomas was serving a thirty-five year sentence in a Delaware penal institution, he punched a corrections officer and was subsequently indicted under Delaware law for assault.  Prior to trial, Thomas voluntarily and knowingly waived his right to counsel and was permitted to proceed pro se.  However, after the Delaware trial judge (Superior Court) declined to order the production of all the witnesses and documents that Thomas requested, Thomas refused to participate in the trial...continue to full post

Full post as published by Sentencing Law and Policy on September 22, 2009 (boomark / email).