Opinion
Case No. 17-cr-00028-JST-1
04-30-2020
UNITED STATES OF AMERICA, Plaintiff, v. JEHOADDAN WILSON, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Re: ECF No. 207
The court has reviewed Magistrate Judge Donna M. Ryu's Report and Recommendation that the Court grant John Jordan's motion to withdraw and find that Defendant Jehoaddan Wilson has knowingly and voluntarily waived her right to counsel. ECF No. 207. The Court appointed attorney Robert Waggener for the limited purpose of making Wilson's objections, if any, to Magistrate Judge Ryu's report and recommendation. ECF No. 211. Defendant filed an objection, which the Court has now reviewed. ECF No. 221.
Jordan has already been relieved as counsel, ECF No. 198 at 8; ECF No. 210 at 4-5, but the Court has yet to rule on the waiver issue. --------
In her objection, Defendant acknowledges that she has already received multiple warnings that her continued conduct would result in a finding of knowing and voluntary waiver. Id. at 2. She also acknowledges "authority for a finding of implied waiver of the right to counsel as a result of dilatory conduct hindering the efficient administration of justice." Id. (citing United States v. Meeks, 987 F.2d 575, 579 (9th Cir. 1993); United States v. Sutcliffe, 505 F.3d 944, 954 (9th Cir. 2007); United States v. Turner, 897 F.3d 1084, 1103 (9th Cir. 2018)). She provides no contrary authority. Instead, she argues only that she is "clearly not capable of competently and adequately representing herself at a trial" and that the Court should thus "indulge every reasonable presumption against waiver of fundamental constitutional rights" and resolve any doubts "in favor of no waiver." Id. (quoting Meeks, 987 F.2d at 579).
Wilson has already been evaluated and deemed competent to stand trial, and so the Court does not address that issue here. ECF No. 166. As for her right to counsel, this Court and Judge Ryu warned Wilson repeatedly, over the course of more than one hearing, that she would waive her right to counsel if she continued to oppose and frustrate her appointed attorneys' representation of her. She did so anyway. The record unambiguously supports the conclusion that Wilson knowingly and voluntarily waived her right to counsel. See Turner, 897 F.3d at 1104 ("In sum, if the record as a whole establishes that the defendant had sufficient information about the charges, penalties, and risks and disadvantages of proceeding pro se, and sufficient opportunity to be represented by counsel, a 'defendant's actions which have the effect of depriving himself of appointed counsel will establish a knowing and intentional choice.'") (quoting United States v. Fazzini, 871 F.2d 635, 642 (7th Cir. 1989)).
Accordingly, the Court overrules Wilson's objection; finds Judge Ryu's report to be correct, well-reasoned, and thorough; and adopts it in every respect.
IT IS SO ORDERED. Dated: April 30, 2020
/s/_________
JON S. TIGAR
United States District Judge