GILL v. MECUSKER

No. 08-13773.

633 F.3d 1272 (2011)

Marvin C. GILL, Petitioner-Appellant, v. P.J. MECUSKER, Attorney General, State of Florida, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 23, 2011.


Attorney(s) appearing for the Case

Eric M. Wachter and Daryl L. Joseffer , (Court-Appointed), King & Spalding, LLP, Washington, DC, for Gill.

Patricia Ann McCarthy , Office of Atty. Gen./Dept. of Legal Affairs, Tampa, FL, for Respondents-Appellees.

Before TJOFLAT, HILL, and ALARCÓN, Circuit Judges.


ALARCÓN, Circuit Judge:

Marvin C. Gill appeals from the district court's denial of his petition for habeas corpus, pursuant to 28 U.S.C. § 2254. We issued a Certificate of Appealability on the following issue: whether the district court erred in finding that appellant did not "clearly and unequivocally" assert his desire to represent himself, where the state trial court found that appellant attempted to waive his right to counsel but the waiver was not knowing...

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