Opinion
CRIMINAL NO. 2:16-00218
02-20-2018
UNITED STATES OF AMERICA v. DON LAMONT WILKERSON
MEMORANDUM OPINION AND ORDER
Before the court is defendant's pro-se motion to exclude the government's witnesses from testifying at trial. ECF No. 119. For the reasons that follow, the court STRIKES defendant's pro-se motion.
Although the Sixth Amendment guarantees a defendant's right to conduct their own defense and even represent themselves, see Farretta v. California, 422 U.S. 806 (1975), the right of self-representation does not include the right to proceed in a "hybrid manner." See McKaskle v. Wiggins, 465 U.S. 168, 183 (1984); see also United States v. Singleton, 107 F.3d 1091, 1100 (4th Cir. 1997) (stating that "the Supreme Court and other courts have at least implied that the right to representation by counsel and the right to self-representation are mutually exclusive"). As a result, Don Lamont Wilkerson's attempt to file his own motion, while represented by counsel, is prohibited. McKaskle, 465 U.S. at 183. Instead, defendant should seek relief from this court through his counsel, Gerald Titus. Accordingly, defendant's pro-se motion is hereby STRICKEN.
Who, as of this date, has filed 17 substantive pre-trial motions on behalf of defendant. --------
The Clerk is directed to send a copy of this Memorandum Opinion and Order to defendant and counsel of record.
It is SO ORDERED this 20th day of February, 2018.
ENTER:
/s/_________
David A. Faber
Senior United States District Judge