Lawton v. Ludwick

Filing 23

ORDER denying petitioner's Motion for oral argument and Motion to Appoint Counsel 21 Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

THEODORE LEE LAWTON,
Petitioner,
CASE NO. 10-10048
HONORABLE GEORGE CARAM STEEH

v.
NICK LUDWICK,
Respondent.
_____________________________/

ORDER DENYING PETITIONER’S MOTION FOR
ORAL ARGUMENT AND APPOINTMENT OF COUNSEL
Petitioner Theodore Lee Lawton has filed a pro se habeas corpus petition
challenging his Kent County convictions for armed robbery and felony firearm. He
alleges that: (1) he and his family and friends were led to believe that the public could
not be present during voir dire at his second trial; (2) he was denied a fair trial when the
jury was permitted to view photographs of him holding a handgun; (3) defense counsel
was ineffective for failing to challenge a search warrant that was supported by an
affidavit containing obvious falsehoods; (4) a detective destroyed portions of a recorded
telephone conversation and also withheld information about the recording for nearly six
months, and defense counsel was ineffective for failing to seek suppression of the
recording; (5) defense counsel was ineffective at sentencing for failing to argue that the
language for offense variable seven of the sentencing guidelines is vague; and (6)
appellate counsel was ineffective for failing to raise issues two through five in
Petitioner’s appeal of right.
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Currently pending before the Court is Petitioner’s motion for oral argument and
appointment of counsel. Petitioner alleges that he is unable to retain counsel and that
oral argument would assist the Court in reaching a decision on the complex issues
raised in his brief.
There is no constitutional right to counsel in a habeas corpus proceeding, Post v.
Bradshaw, 422 F.3d 419, 425 (6th Cir. 2005), and appointment of counsel in a civil case
such as this one “is justified only in exceptional circumstances.” Lanier v. Bryant, 332
F.3d 999, 1006 (6th Cir. 2003). Petitioner has demonstrated his ability to represent
himself, and the parties’ pleadings adequately set forth and argue the issues.
Consequently, there is no need for oral arguments or appointment of counsel, and
Petitioner’s motion [Doc. #21, filed on January 2, 2013] is DENIED.
Dated: May 6, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
May 6, 2013, by electronic and/or ordinary mail and also on
Theodore Lawton #254897, Bellamy Creek Correctional
Facility, 1727 West Bluewater Highway, Ionia, MI 48846.
s/Barbara Radke
Deputy Clerk

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