Meyer v. Sargent
| Decision Date | 04 November 1988 |
| Docket Number | No. 87-2479WA,87-2479WA |
| Citation | 854 F.2d 1110 |
| Parties | Hiram Eugene MEYER, Appellant, v. Willis SARGENT, Warden, Arkansas Department of Corrections, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Mark E. Ford, Fort Smith, Ark., for appellant.
Olan W. Reeves, Asst. Atty. Gen., Little Rock, Ark., for appellee.
Before FAGG, Circuit Judge, BRIGHT, Senior Circuit Judge, and HANSON, * Senior District Judge.
Hiram Eugene Meyer appeals the District Court's 1 dismissal of his habeas corpus petition. Meyer asserts that he was denied due process and equal protection of the law by: (1) being subjected to double jeopardy; (2) being denied his sixth amendment right to assistance of counsel at trial; and (3) being denied effective assistance of appellate counsel. We affirm the decision of the district court for the reasons discussed below.
In reviewing appellant's claims we find those related to the claim of double jeopardy to be entirely without merit. Accordingly we recite here only those facts relevant to the assistance of counsel claims.
On April 22, 1980 appellant Meyer was tried for the crime of aggravated robbery in the Circuit Court of Sebastian County, Arkansas, the Honorable David Partain presiding. Meyer was represented by then public defender Don Langston at the beginning of the trial. After opening statements and after the state's two main witnesses had testified and been cross-examined thoroughly by Meyer's attorney, Meyer presented the trial court with a motion for a change of attorney. The trial court, in response to this motion, held an in camera hearing in which the following discussion took place.
Following this colloquy the record indicates that Mr. Langston removed his belongings from the defense table and took a seat at a bench inside the rail area of the courtroom. The bench was within talking distance of the defense table according to Mr. Langston. At this point the state called one last witness. After the witness testified the court explained to Meyer that he had the right to cross-examine the witness and asked him if he wished to do so. Meyer, acting pro se, declined to cross-examine this witness terming the proceedings a "kangaroo court" and arguing that a continuance should be granted. In support of his motion for a continuance Meyer told the court "I don't have representation, and I don't have time to study the legal material."
The court denied the motion for a continuance and told Meyer "I am going to try to give you every opportunity that I can to advise you how this trial is going to be conducted". The defense then rested and the court proceeded to explain to Meyer that he had a right to Meyer responded by again moving for a continuance stating that he needed time to get his case together.
At this point the court held another short in camera hearing to discuss Meyer's rights and the need for a continuance. During this hearing, in which Mr. Langston took part, Meyer told the court he wanted a continuance in order to pursue his motion for "a change of attorney to state my case, and for access to law books where I can see what is happening here, because I don't know anything about courtroom proceedings." The court then discussed the evidence in the case with Meyer and determined that as Meyer was familiar with all of the evidence in the case a continuance was not warranted. Following this discussion the court once again asked Meyer if he wished to call any witnesses. The court also explained to Meyer that he had a right to testify on his own behalf, but that this right was a privilege and not a duty and that if he did not testify "there will be no comment made during the trial of this case as to your failure to testify." The court then called a 15 minute recess.
After the recess Meyer read into the record the testimony of a defense witness who was unavailable for the trial. The testimony had been given by the witness at a prior hearing and the court explained to the jury that it should consider the evidence along with all other evidence heard. Meyer then took the stand himself and denied any involvement in the aggravated robbery. After he was cross-examined the court asked Meyer if he had any other witness. Meyer said he did not have any more witnesses to call, noting that two other witnesses who had been subpoenaed to testify about his whereabouts on the day in question could not actually recall "the time or anything" that they had been with him. The defense then rested.
The court then instructed the jury, and the state and Meyer presented closing arguments. One and one-half hours later the jury delivered a verdict finding Meyer guilty. He was subsequently sentenced to 40 years in prison.
The verdict was appealed by the now defunct Arkansas Appellate Defender's Office on Meyer's behalf. The appeal was consolidated with an appeal of an eighteen-year sentence Meyer had received under a probation revocation proceeding related to the same robbery at issue here. Meyer asserts that he was not aware that the Appellate Defender's Office was appealing the conviction. The attorney who handled the case does not remember meeting with Meyer about the appeal, but stated at a deposition pursuant to the federal district court's evidentiary hearing that she assumes that under general office guidelines someone from the office would have told him that the case was being appealed. Additionally, the record shows that at the sentencing hearing Judge Partain stated on the record with Meyer present that Meyer's appeal would be handled by the Appellate Public Defender.
In the appeal three issues were raised, two related to the probation revocation and one to...
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