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GOMEZ v. BERGE

No. 04-4051.

434 F.3d 940 (2006)

James GOMEZ, Petitioner-Appellant, v. Gerald A. BERGE, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 12, 2006.

Attorney(s) appearing for the Case

Cynthia J. Franecki (argued), Foley & Lardner, Milwaukee, WI, for petitioner-appellant.

Katherine L. Tripp (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for respondent-appellee.

Before BAUER, MANION, and EVANS, Circuit Judges.

BAUER, Circuit Judge.

James Gomez was indicted in the state court on charges of first degree reckless homicide in connection with the death of his infant son. Gomez elected to represent himself, a course of action the court allowed after it determined Gomez was competent to act pro se. On the third day of trial, the judge reversed his decision, and determined that Gomez in fact lacked the capacity to conduct his own defense. A mistrial was declared. Gomez subsequently...

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