DIGGS

v.

WELCH, SUPERINTENDENT

Citator

Cited By (42 total)

• Cappetta v. State, 204 So. 2d 913 (Fla. 4th DCA 1967)
  …a defendant to represent himself is not absolute and will not recognize this right when to do so will disrupt the court’s business. United States v. Mitchell, supra; Overholser v. De Marcos, 1945, 80 U.S.App.D.C. 91, 149 F. 2d 23, 26, cert. denied, 325 U.S. 889, 65 S.Ct. 1579, 89 L.Ed. 2002. Cases adhering to this line of reasoning generally hold so on the basis that the accused is not mentally competent or sui juris to conduct his own defense without aid of counsel and consider that there must necessarily…
• Cooper v. Fitzharris, 586 F.2d 1325 (9th Cir. 1978)
  …nited States ex rel. Williams v. Twomey, 510 F. 2d 634, 641 (7th Cir. 1975); and the Eighth Circuit, United States v. Easter, 539 F. 2d 663, 665- 66 (8th Cir. 1976). . See Diggs v. Welch, 80 U.S.App.D.C. 5, 148 F. 2d 667 (Arnold, J.), cert, denied, 325 U.S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002 (1945). See also Mitchell v. United States, 104 U.S.App.D.C. 57, 259 F. 2d 787 (1958); Latimer v. Cranor, 214 F. 2d 926 (9th Cir. 1954); United States ex rel. Feeley v. Ragen, 166 F. 2d 976, 980 81 (7th Cir. 1948); Tomp…

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• Millard Robert Beasley v. United States, 491 F.2d 687 (6th Cir. 1974)
  …113 (1967). The District of Columbia Circuit Court’s rejection of this subjective standard is especially significant because it was that Circuit which established it. In Diggs v. Welch, 80 U.S. [*694] App.D.C. 5, 148 F. 2d 667 (1945), cert. denied, 325 U.S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002 (1945), the District of Columbia Circuit first concluded that for a petitioner to secure habeas relief “on the sole ground that counsel . . . acted incompetently and negligently during the proceedings,” “It must be show…