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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAVID LEE BLAKEMORE,
Petitioner,
v.
IAN WALLACE,
Respondent.

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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.

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