Von Carruthers v. Mays

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In 1994, Carruthers and Montgomery assaulted three people, robbed them, then buried them alive. The bodies were found buried in a Memphis cemetery, a week after they disappeared. Carruthers’ family retained Wharton to represent him. Wharton was allowed to withdraw because of a conflict of interest. The court appointed Nance. Carruthers repeatedly complained about Nance; the court appointed other attorneys, who ultimately withdrew. Massey was appointed and was given permission to withdraw because his family was receiving threats from Carruthers. Between January and April 1996, the court denied Carruthers’s five motions to appoint new counsel. Carruthers represented himself during the guilt and sentencing phases. A Tennessee jury convicted Carruthers of three counts of first-degree, premeditated murder and imposed a death sentence for each. State courts affirmed on direct appeal and denied Carruthers post-conviction relief. The federal district court denied his petition for habeas corpus relief, in which Carruthers argued that he was denied counsel at critical stages of the proceedings in violation of Supreme Court precedent (Cronic), that the trial court violated his Sixth Amendment right to counsel in ordering him to proceed pro se, and that he was not competent to stand trial or to represent himself. The Sixth Circuit affirmed. Carruthers procedurally defaulted his Cronic and competency claims, and the state court’s decision that Carruthers forfeited his right to counsel was neither contrary to nor an unreasonable application of clearly established Supreme Court precedent. View "Von Carruthers v. Mays" on Justia Law