Blakemore v. Wallace

Filing 18

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel is DENIED. (Doc. No. 17.). Signed by District Judge Audrey G. Fleissig on 8/16/13. (KXS)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DAVID LEE BLAKEMORE, Petitioner, v. IAN WALLACE, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:13CV00125 AGF MEMORANDUM AND ORDER This matter is before the Court on the motion of Petitioner David Lee Blakemore for appointment of counsel. Petitioner is a Missouri inmate who is seeking federal habeas relief under 28 U.S.C. ' 2254. He claims that his convictions for robbery in the first degree, forcible rape and kidnapping were unconstitutional for various reasons, including the ineffective assistance of his trial counsel. There is no constitutional right for a pro se habeas petitioner to have counsel appointed, although the Court has discretion to appoint an attorney when necessary. Lopez-Lopez v. Sanders, 590 F.3d 905, 906 (8th Cir. 2010); Morris v. Dormire, 217 F.3d 556, 558 (8th Cir. 2000). Among the factors a court should consider in making this determination are the factual and legal complexity of the case, the ability of the petitioner to present the facts and present his claims, and the degree to which the petitioner and the Court would benefit from such an appointment. Morris, 217 F.3d at 558-59; Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Upon review of the record, the Court does not believe that the appointment of counsel is necessary here. Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for appointment of counsel is DENIED. (Doc. No. 17.) AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 16th day of August, 2013. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?