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Merriweather v. Chatman

The defendant did not knowingly and intelligently waive his right to appellate counsel.

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This appeal stems from our grant of an application for a certificate for probable cause filed by appellant Cleveland Merriweather who was convicted of burglary, aggravated assault, kidnapping, criminal damage to property, and possession of a firearm by a convicted felon. Following his convictions, appellant filed a motion for new trial and a hearing was held at which appellant represented himself, although the trial court appointed the public defender as stand-by counsel to assist appellant if necessary. At the end of the hearing, the trial court denied the motion for new trial and asked appellant whether he wanted the public defender to be appointed counsel for his appeal or whether appellant wanted to proceed pro se. Appellant replied he wanted to proceed pro se. Appellant represented himself before the Court of Appeals which affirmed his conviction in an unreported decision.1

Appellant subsequently petitioned for habeas corpus relief, alleging his Sixth Amendment right to counsel was compromised by the trial court when it “forced” him to pursue his appeal pro se. Thus, the habeas court considered whether the trial court erred by requiring appellant to choose between being represented by the public defender, whom appellant apparently believed to be improperly appointed, or proceeding pro se on appeal. The habeas court denied habeas relief, concluding, “The petitioner, knowing full well the dangers of proceeding without the benefit of counsel, chose to go forward pro se. Therefore, this Court finds no error in the trial court’s refusal to appoint the petitioner’s counsel of choice for the petitioner’s direct appeal.”

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