Michael Edward Carey v. State of Minnesota, 767 F.2d 440 (8th Cir. 1985). · Go Syfert
Michael Edward Carey v. State of Minnesota, 767 F.2d 440 (8th Cir. 1985). Cases Citing This Book View Copy Cite
29 citation events (3 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Jose Espino (ca8, 2003-01-09)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Jose Espino
8th Cir. · 2003 · confidence medium
Carey v. State of Minnesota, 767 F.2d 440, 441 (8th Cir.1985); Williams v. Nix, 751 F.2d 956, 959 (8th Cir.1985).
examined Cited as authority (rule) City of Fargo v. Rockwell (4×) also: Cited "see, e.g."
N.D. · 1999 · confidence medium
See also Meyer v. Sargent, 854 F.2d 1110, 1114 (8th Cir.1988) (deciding Meyer's decision to seek removal of his court-appointed attorney after being advised another attorney would not be appointed for him was the functional equivalent of a knowing and intelligent waiver of his right to counsel); Carey v. State of Minnesota, 767 F.2d 440, 441-42 (8th Cir. 1985) (per curiam) (concluding Carey knowingly and intelligently waived his right to counsel when he repeatedly stated he wanted to conduct his own defense rather than be represented by his original court-appointed attorney). [¶ 15] After con…
discussed Cited as authority (rule) Treiber v. Elmer (2×) also: Cited "see, e.g."
N.D. · 1999 · confidence medium
See also Meyer v. Sargent , 854 F.2d 1110, 1114 (8 th Cir. 1988) (deciding Meyer’s decision to seek removal of his court-appointed attorney after being advised another attorney would not be appointed for him was the functional equivalent of a knowing and intelligent waiver of his right to counsel); Carey v. State of Minnesota , 767 F.2d 440, 441-42 (8 th Cir. 1985) (per curiam) (concluding Carey knowingly and intelligently waived his right to counsel when he repeatedly stated he wanted to conduct his own defense rather than be represented by his original court-appointed attorney). [¶15] Aft…
discussed Cited as authority (rule) State v. Harmon (2×)
N.D. · 1998 · confidence medium
In Carey v. State of Minnesota, 767 F.2d 440, 441 (8th Cir.1985) (per curiam), Carey dismissed his appointed counsel and asked for substitute counsel.
examined Cited as authority (rule) Gerard v. State (3×)
N.D. · 1997 · confidence medium
In Carey v. State of Minnesota , 767 F.2d 440, 441 (8th Cir. 1985) (per curiam), Carey dismissed his appointed counsel and asked for substitute counsel.
discussed Cited as authority (rule) Fred A. Hamilton v. Michael Groose (2×)
8th Cir. · 1994 · confidence medium
Had Hamilton been found guilty after the trial judge allowed him to proceed pro se, Hamilton undoubtedly would have sought to overturn his conviction by arguing that he was denied his Sixth Amendment right to counsel because his waiver of the right was equivocal and "not very serious." See, e.g., Carey v. Minnesota, 767 F.2d 440, 441 (8th Cir.) (per curiam) (defendant was allowed to represent himself because, when asked whether he wanted to do so, he responded "No. I don't.
discussed Cited as authority (rule) Neal v. Grammer
D. Neb. · 1991 · confidence medium
Additionally, it is well settled that a “criminal defendant does not have the absolute right to counsel of his choosing.” Carey v. State of Minnesota, 767 F.2d 440, 441 (8th Cir.1985), cert. denied, 474 U.S. 1010 , 106 S.Ct. 536 , 88 L.Ed.2d 467 (1985).
discussed Cited as authority (rule) State v. Richards
Minn. · 1990 · confidence medium
See State v. Fagerstrom, 286 Minn. 295 , 176 N.W.2d 261 (1970) (defendant may not obtain continuance by discharging counsel for purposes of delay); Carey v. State of Minnesota, 767 F.2d 440, 441-42 (8th Cir.1985) (criminal defendant does not have absolute right to choice of counsel); United States v. Gorman, 661 F.Supp. 1087, 1088 (D.Minn.1987) (defendant’s right to choice of counsel must be balanced against public interest in prompt, efficient, orderly administration of justice). 5.
discussed Cited as authority (rule) Hiram Eugene Meyer v. Willis Sargent, Warden, Arkansas Department of Corrections
8th Cir. · 1988 · confidence medium
Additionally, it is well settled that a “crimi *1114 nal defendant does not have the absolute right to counsel of his own choosing.” Carey v. State of Minnesota, 767 F.2d 440, 441 (8th Cir.1985), cert. denied, 474 U.S. 1010 , 106 S.Ct. 536 , 88 L.Ed.2d 467 (1985).
discussed Cited as authority (rule) State v. Whitcomb
Minn. Ct. App. · 1987 · confidence medium
Carey v. State of Minnesota, 767 F.2d 440, 441 (8th Cir.1985), ce rt. denied, 474 U.S. 1010 , 106 S.Ct. 536 , 88 L.Ed.2d 467 (1985); State v. Fagerstrom, 286 Minn. 295, 299 , 176 N.W.2d 261, 264 (1970).
cited Cited "see" State v. Wiley
Minn. Ct. App. · 1988 · signal: see · confidence high
See Carey v. State, 767 F.2d 440, 441 (8th Cir.), cert. denied, 474 U.S. 1010 , 106 S.Ct. 536 , 88 L.Ed.2d 467 (1985) (indigent defendant not entitled to counsel of his choice).
Retrieving the full opinion text from the archive…
Michael Edward CAREY, Appellee,
v.
STATE OF MINNESOTA, Appellant
84-5166.
Court of Appeals for the Eighth Circuit.
Jul 5, 1985.
767 F.2d 440
1985 U.S. App. LEXIS 20222
Cecilia M. Michel, Minneapolis, Minn., for appellant., Steven C. DeCoster, St. Paul, Minn., for appellee.
Heaney, Gibson, McMillian.
Cited by 19 opinions  |  Published
PER CURIAM.

Michael Edward Carey appeals from the district court’s [1] denial of his petition for a writ of habeas corpus. We affirm.

Carey was convicted of simple robbery in the Minnesota District Court in January 1971. Shortly before trial, Carey dismissed his appointed counsel and asked the court for substitution of other state-appointed counsel. Carey stated that he felt his counsel had done an inadequate job of cross-examination at the pre-trial suppression hearing. The court denied the request, but advised Carey that he could conduct his own defense with his present counsel available in an advisory capacity. The court asked whether Carey wished to try the case himself and he replied, “No. I don’t. I want a different attorney. But since I can’t have one I’ll conduct my own defense, yes.” Carey proceeded without an attorney, was convicted by the jury of simple robbery, and was sentenced on February 12, 1971, to an indeterminate term not to exceed ten years. On September 12, 1972, Carey was released on parole. The Minnesota Supreme Court affirmed Carey’s conviction in an opinion filed May 18, 1973. See State v. Carey, 296 Minn. 214, 207 N.W.2d 529 (1973). On October 28, 1974, Carey’s parole expired on his simple robbery conviction. Since his release on this conviction, Carey has been convicted of other felonies and was serving time in federal prison at the time the briefs in this matter were filed.

On May 16, 1984 Carey petitioned the federal district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After discussing the jurisdictional issues of “in custody,” “ripeness,” “no unreasonable time delay,” and “no prejudice to state for reconsideration,” the district court left those issues open and went directly to the merits of Carey’s claim. In denying the petition, the district court noted that-both the state trial court and the state supreme court found that Carey’s court appointed counsel had conducted a very lengthy and extensive cross-examination at the suppression hearing. The court ruled that Carey’s court-appointed counsel had performed competently, and that by dismissing his counsel Carey had availed himself of his constitutional right to self-representation.

We agree with the district court that Carey’s habeas petition fails on the merits. A criminal defendant does not have the absolute right to counsel of his own choosing. Williams v. Nix, 751 F.2d 956, 959 (8th Cir.1985); State v. Fagerstrom, 286 Minn. 295, 176 N.W.2d 261, 264 (1970). Accord United States v. Ely, 719 F.2d 902, 904-05 (7th Cir.1983), cert. de[*442] nied, — U.S. -, 104 S.Ct. 1313, 79 L.Ed.2d 710 (1984); United States v. Gipson, 693 F.2d 109, 111 (10th Cir.1982), cert. denied, 459 U.S. 1216, 103 S.Ct. 1218, 75 L.Ed.2d 455 (1983). Carey’s citation to Patton v. North Carolina, 315 F.2d 643 (4th Cir.1963) is inapposite. In Patton, the accused dismissed his retained counsel because he was inadequately prepared, and the trial court refused Patton’s requests to appoint counsel for him. The Fourth Circuit held that Patton was entitled to court-appointed counsel, and that his requests for such counsel negated any possibility that he had waived his constitutional right to counsel. Here, however, the trial court properly informed Carey that he did not have the right to a substitution of appointed counsel. Carey stated several times that he chose to conduct his own defense rather than to continue being represented by his original appointed counsel. Further, Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), appears to have considerably restricted the reach and application of Patton. The record shows that the trial court inquired into Carey’s familiarity with courtroom procedures, noted the difficulty in proceeding without a lawyer, and offered to make Carey’s appointed counsel available during the trial should Carey need his assistance (although Carey emphatically declined the offer). Under the circumstances we agree with the district court that Carey knowingly and intelligently chose to represent himself and to forego the benefit of counsel. See Faretta, 422 U.S. at 835, 95 S.Ct. at 2541. See also United States v. Pilla, 550 F.2d 1085, 1093 (8th Cir.), cert. denied, 432 U.S. 907, 97 S.Ct. 2954, 53 L.Ed.2d 1080 (1977) (defendant held to have intelligently and voluntarily waived his right to counsel when he refused to accept the services of appointed or retained counsel, knowing the alternative was to proceed in his own defense).

In sum, we affirm the district court’s denial of Carey’s petition for writ of habeas corpus.

1

. The Honorable Miles W. Lord, Chief Judge, United States District Court for the District of Minnesota.