Reese v. Nix, 90-3051
Decision Date | 22 August 1991 |
Docket Number | No. 90-3051,90-3051 |
Parties | Charles O. REESE, Appellee, v. Crispus C. NIX, Appellant. |
Court | U.S. Court of Appeals — Eighth Circuit |
Thomas McGrane, Asst. Atty. Gen., Des Moines, Iowa, for appellant.
James Cleary, Phoenix, Ariz., for appellee.
Before ARNOLD and MAGILL, Circuit Judges, and BATTEY, * District Judge.
Crispus Nix, the warden of the Iowa State Penitentiary, appeals the district court's grant of habeas relief to Charles O. Reese. The district court held that the state court violated Reese's constitutional right to self-representation, and as a result he was entitled to relief. Nix argues that the district court erred when it refused to credit the state appellate court finding that Reese did not truly request self-representation. We agree and reverse the district court's grant of habeas relief.
Reese was convicted of first degree murder in 1976. The Iowa Supreme Court reversed this conviction and remanded for retrial in 1977 because the trial court had failed to instruct the jury on the lesser included offense of second degree murder. State v. Reese, 259 N.W.2d 771, 777-79 (Iowa 1977). During this successful appeal, Reese was represented by F.J. Kraschel, a court-appointed criminal law attorney. Kraschel also served as Reese's attorney for his second trial, which was held in August 1978. Before his second trial, Reese expressed dissatisfaction with Kraschel's representation and requested new counsel. On July 10, 1978, the trial court held a hearing to consider Reese's request. The following colloquy took place at this hearing:
It's gotten to the point where, you know, I don't feel I could trust him anymore. You know, I don't feel like--that he's sure that I am innocent basically, you know, and this must be hindering him somewhat, you know, performing--like, you know--like doing things like they should be done.
....
THE COURT: Well, Mr. Reese, I think we're in a situation here where a few things probably should be understood. First of all, when an attorney is appointed that does not mean that you are entitled to his full services eight to twelve hours a day from the minute he is appointed until trial commences. What you are entitled to and what you constitutionally have a right to is adequate, competent, experienced trial attorney. I don't believe there's any question but what Mr. Kraschel is that in this case.
....
... Mr. Kraschel is one of the most meticulous people I know. He had brought up every point almost to the point of exhaustion in this case. I don't believe he's left a stone unturned. Not only that, in this particular case he obtained a new trial for you on an unprecedented point of law in the State of Iowa. I'm sure you're aware of that. You're here because of Mr. Kraschel's work, as I understand the situation, in appeals court; is that not correct?
THE DEFENDANT: Yes.
But [Mr. Kraschel] does know this case, and the Court is well aware of his competence. He has represented and been involved in probably more capital offense cases than any other attorney to my knowledge who is currently practicing in Council Bluffs, Iowa.
You are entitled to representation at trial by a good, competent attorney. That is what Mr. Kraschel is. In this particular case you not only have the advantage of Mr. Kraschel, you also have the advantage of Mr. Wheeler who is also an extremely meticulous, competent attorney, and I just don't really honestly know who I could appoint to replace either one of them or both of them who could do a better job for you.
Now, if you wish to go out and hire counsel, you, of course, are free to do this at any time, but as far as this court-appointed attorney, my only decision, if you want to call it that, is whether or not he's competent and qualified, and he is very competent, and he is very qualified, and so far he has done an enormous amount of time on the case, more than the average attorney would ever do, and has done a good job for you.
And for that reason at this time I'm going to reject your application that you change counsel. In fact, as a matter of fact, even I think if Mr. Kraschel asked to be relieved I would not allow him to do so. That's how strongly I feel that you need his representation in this case.
So Mr. Kraschel--so there's no question about it, Mr. Kraschel and Mr. Wheeler will continue to serve as co-counsel. I'm not designating and have not designated either one the senior counsel since they are both equally qualified and equally competent.
Tr. at 87-88, 97-103. Trial commenced on August 8 with Kraschel as Reese's counsel. The jury found Reese guilty of first degree murder. This time, the Iowa Supreme Court affirmed the conviction. State v. Reese, 301 N.W.2d 693 (Iowa 1981). In a postconviction proceeding, Reese claimed that the trial court violated his right to self-representation when it ignored his statement, "Well, I don't want no counsel then." Tr. at 100. The Iowa Court of Appeals rejected this claim, concluding that Reese's statement was not an assertion of his right to self-representation, but rather an expression of frustration over the trial court's decision to deny his request for new counsel. Reese v. State, 391 N.W.2d 719, 724 (Iowa App.1986). After exhausting his state court remedies, Reese petitioned for a writ of habeas corpus in federal district court. The district court granted relief on the ground that the trial court improperly ignored Reese's request to represent himself, thereby violating Reese's right to proceed pro se.
Nix first argues that Reese defaulted on his claim of self-representation because he failed to raise the issue on direct appeal. Nix also argues the district court erred in granting habeas relief because its decision ignored the state court's finding that Reese's statement was an expression of frustration and not a true request for self-representation. Reese argues that Nix waived the procedural default defense because he failed to include the defense in his answer to Reese's petition for habeas relief. Reese also argues that the district court was not required to adopt the...
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